Corrigendum DG ESIC GeM RC Bid for Ultrasound Machine with Colour Doppler

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Bid Number: GEM/2026/B/7586155 Dated: 02-07-2026 Bid Corrigendum GEM/2026/B/7586155-C3 Following terms and conditions supersede all existing “Buyer added Bid Specific Terms and conditions” given in the bid document or any previous corrigendum. Prospective bidders are advised to bid as per following Terms and Conditions: Buyer Added Bid Specific Additional Terms and Conditions 1. Packing Material The items will be supplied by the successful bidder in its original packing material and the packing material will not be returned. Weight of packing material will not be included in quantity supplied and only net weight of the items will be counted. The packing should be of standardized weights of appropriate size. Item will not be accepted in non-standardized weights.Packing Material. The items will be supplied by the successful bidder in its original packing material and the packing material will not be returned. Weight of packing material will not be included in quantity supplied and only net weight of the items will be counted. The packing should be of standardized weights of appropriate size. Item will not be accepted in non-standardized weights. 2. The Purchase orders placed through the rate of this bid shall be placed by . The order shall be placed by buyer separately based on the requirement. 3. Tax and Duties Toll Tax/ Entry Tax/ Octroi Duty & Local Taxes. No separate payment would be made by the Buyer for Toll Taxes, Entry Taxes, Octroi duty and local Taxes, if any. The Seller should cater for these Taxes/ duties as part of Basic Rate quoted in the Bid. 4. Demurrage charges In case the rejected items are not lifted by the firm within 48 hrs, the demurrage charges at the rate of 0.5% of total contract value will be charged per day. In case the items are not lifted within a month, the same will be destroyed by the station board of officers and no claim will be admitted.Demurrage charges. In case the rejected items are not lifted by the firm within 48 hrs, the demurrage charges at the rate of 0.5% of total contract value will be charged per day. In case the items are not lifted within a month, the same will be destroyed by the station board of officers and no claim will be admitted. 5. Non return of Hard Disk: As per Buyer organization’s Security Policy,Faulty Hard Disk of Servers/Desktop Computers/ Laptops etc. will not be returned back to the OEM/supplier against warranty replacement. 6. End User Certificate: Wherever Bidders are insisting for End User Certificate from the Buyer, same shall be provided in Buyer’s standard format only. 7. Material Test Certificate Should Be Sent Along with The Supply. The Material Will Be Checked by Buyer’s Lab & the Results of the Lab will be the Sole Criteria for Acceptance of the Item. 8. Bidder's offer is liable to be rejected if they dont upload any of the certificates / documents sought in the Bid document, ATC and Corrigendum if any. 9. Buyer uploaded ATC document Click here to view the file. Disclaimer The Additional Terms and Conditions (ATC) have been incorporated by the Buyer after approval of their Competent Authority. The Buyer ,is solely responsible for the impact of these clauses on the bidding process, its outcome, and consequences thereof including any restriction arising in the bidding process due to these ATCs and including the modification of technical specifications and / or terms and conditions governing the bid.All representations / grievances pertaining to the ATC clauses shall be raised with the buyer organization directly and not with GeM.If any of the clause(s) is/are incorporated by the Buyer regarding the following, the bid & resultant contract shall be treated as null & void. Further, GeM reserves the right, at its sole discretion, to cancel 1 / 2 the bid forthwith, without issuance of any prior notice or intimation :- 1. Publishing Custom / BOQ bids for items for which regular GeM categories are available (unless such Custom / BOQ item is bunched with the major regular product Category Item). 2. Mandating procurement of / from specific Brand / Make / Model / Manufacturer / Dealer except in case of Single Bid / Proprietary Article Certificate (PAC) Buying. 3. Inclusion of disqualification criteria related to suspension of seller / service provider, where such suspension period has already expired. 4. Mandating submission of documents in physical form as a pre-requisite to qualify bidders. 5. Publishing bids on GeM for procurement of works. 6. Procurement of Goods by creating a Service bid on GeM & vice-versa. 7. Seeking sample with bid or approval of samples during bid evaluation process. However, trial / sample, as the case may be, shall be permitted in cases where trial / sample are allowed as per approved and published procurement policy of the Buyers’ controlling Ministry / Department / State / Public Sector Enterprises Headquarters. If there is any violation of trial / sample clause with regard to approved policy of the Buyers’ Ministry / Department / State / Public Sector Enterprises Headquarters, then this is to be determined and redressed by the concerned Buyer Organisation only. 8. Seeking experience from specific organization / department / institute only or from foreign / export experience. 9. Creating bid for items from incorrect categories. 10. Reference of conditions published on any external site or reference to external documents/clauses. 11. Asking for any Tender fee / Bid Participation fee, as the case may be. 12. Buyer added ATC Clauses which are in contravention of clauses defined in bid detail section, including specifications, EMD Detail, ePBG Detail and MII and MSE Purchase Preference sections of the bid, unless otherwise allowed by the applicable GeM GTC. 13. Any ATC clause in contravention with GeM GTC Clause 4 (xiii) (h) will be invalid. In case of multiple L1 bidders against a service bid, the buyer shall place the Contract by selection of a bidder amongst the L-1 bidders through a Random Algorithm executed by GeM system. 14. In a category based bid, adding additional items, through buyer added, additional scope of work/ additional terms and conditions/or any other document. If buyer needs more items along with the main item, the same must be added through bunching category based items or by bunching custom catalogues or bunching a BoQ with the main category based item, the same must not be done through ATC or Scope of Work. Further, if any seller has any objection/grievance against these additional clauses or otherwise on any aspect of this bid, they can raise their representation against the same by using the Representation window provided in the bid details field in Seller dashboard after logging in as a seller. Buyer is duty bound to reply to all such representations and would not be allowed to open bids if he fails to reply to such representations. *This document shall overwrite all previous versions of Bid Specific Additional Terms and Conditions. This Bid is also governed by the General Terms and Conditions 2 / 2 File No. U-16030/44/2026-PC Date: 20.06.2026 Corrigendum – Addendum Notice Subject: DG ESIC GeM RC Bid for Ultrasound Machine with Colour Doppler Bid/Tender ID: GEM/2026/B/7586155 With reference to above RC Bid published on GeM portal and ESIC website, the following clauses shall be amended as follows: Buyer Added Additional Terms and Conditions: Sl. No. Clause Number & Page Number Existing Clause Amended Clause 1 Clause 4 (XV) Page Number 10 Should have following Annual Turnover (as certified by a Chartered Accountant) in (Annexure – H) during last three years i.e. 2022-23, 2023-24 and 2024-25: Average Annual Turnover of the bidder should be Rs. 675 Lakh or more. Average Annual Turnover of the OEM should be Rs. 5400 Lakh or more (As per GeM Rate Contract Bid Document) In case the bidder is not the OEM, the bidder has to submit supporting documents for OEM Average Annual Turnover also along with bidder’s Average Annual Turnover. OEM Annual Turnover should be mentioned in INR & certified by Indian Chartered Accountant. Should have following Annual Turnover (as certified by a Chartered Accountant in Annexure – H) during any of last three financial years out of four financial years i.e. 2022-23, 2023-24, 2024-25 & 2025-26: Average Annual Turnover of the bidder should be Rs. 675 Lakh or more. Average Annual Turnover of the OEM should be Rs. 5400 Lakh or more (As per GeM Rate Contract Bid Document) In case the bidder is not the OEM, the bidder has to submit supporting documents for OEM Average Annual Turnover also along with bidder’s Average Annual Turnover. OEM Annual Turnover should be mentioned in INR & certified by Indian Chartered Accountant. Audited Balance Sheet and Profit & Loss Account Statement etc. for the relevant financial years must be submitted in support of annual turnover. U-16030/44/2026-PC I/4073397/2026 2 Clause 16 (K) Page No. 17 ------ If the Bidder and the OEM fail to fulfil their obligations of Warranty and Comprehensive Maintenance Contract (CMC) at any or all locations across the country during the period of five (05) years of Warranty followed by five (05) years of CMC, both the Bidder and the OEM shall be debarred from participating in bids floated by any ESIC institution for a period of up to two years, as may be determined by the Director General, ESIC. Further, the Performance Security furnished in respect of the concerned equipment at any or all consignee locations under the Contract shall be forfeited, as may be determined by the Director General, ESIC. Technical Specifications: Sl. No. Clause Number & Page Number Existing Clause Amended Clause 1 Sl. No. B (10) Page Number 23 Additional Clause B (10) for clarification System should have Shear Wave Elastography in Convex and Linear probes 2 Sl. No. C (8) Page Number 23 Breast Elastography: Yes Breast Elastography: Yes (Shear wave elastography) 3 Sl. No. C (9) Page Number 23 Thyroid Elastography: Yes Thyroid Elastography: Yes (Shear wave elastography) 4 Sl. No. D (14) Page Number 24 Monitor display size, cm (in): 23" or more, preferably LED with handle Monitor display size, cm (in): 23" or more, preferably LED 5 Sl. No. F (2) Page Number 25 Linear probe should have automated quantification for easier identification of breast & Thyroid lesions (preferably with BIRAD & TIRAD based lesion classification tools) Linear probe should have Automated or semi-automated lesion quantification and characterization tools for breast and thyroid imaging, or should be upgradable to the same, preferably with BIRAD & TIRAD based lesion classification tools. 6 Sl. No. F (3) Page Number 25 System should have extensive obstetric measurement package including software for automatic measurement of NT System should have extensive obstetric measurement package including so ware for automatic / assisted measurement of NT 7 Sl. No. F (4) Page Number 25 System should have automatic tool to derive 9 planes of fetal heart (as per AIUM recommendation) from one volume sweep. System should provide tools for acquisition, reconstruction, and evaluation of fetal cardiac volume datasets, with automated and/or assisted methods for obtaining standard fetal cardiac views. Sl. No. F (5) System should have System should provide automated and/or assisted tools for acquisition, U-16030/44/2026-PC I/4073397/2026 8 Page Number 25 automatic tool for deriving 9 planes for Fetal central Nervous System. reconstruction, and evaluation of standard fetal central nervous system imaging planes. 9 Sl. No. F (11) Page Number 26 Quoted USG Model should be US FDA/CE/BIS approved. Quoted USG Model should be US FDA / CE / BIS / ISO: 13485 approved The concerned bidders are requested to check further notification/updates, if any on GeM Portal and ESIC Website. Note: 1. All relevant changes/modification are available on https://gem.gov.in/ and ww.esic.nic.in/tenders. 2. All other terms & conditions remain unaltered This issues with the approval of Competent Authority. Dy. Medical Commissioner (RC & PC) U-16030/44/2026-PC I/4073397/2026 Page 1 of 63 कर्मचारी राज्य बीर्ा निगर् (श्रर् एवं रोज़गार र्ंत्रालय, भारत सरकार) EMPLOYEES’ STATE INSURANCE CORPORATION (Ministry of Labour & Employment, Govt. of India) र्ुख्यालय/HEADQUARTERS’ पंचदीप भवि, सी॰आई॰जी र्ागम, िई ददल्ली -110 002 Panchdeep Bhawan, C.I.G. Marg, New Delhi-110002 www.esic.gov.in, 011- 23230247, dmc-rc@esic.gov.in _____________________________________________________________________________ GeM Bid No. GEM/2026/B/7586155 , DGESIC GeM RC No. EQ-09 On behalf of the Director General, Dy. Medical Commissioner (RC/PC) invites online GeM bid No. GEM/2026/B/7586155 for DG ESIC-GeM Rate Contract No. EQ-09 for supply of Ultrasound Machine with Colour Doppler System for use of ESIC institutions all over India, through GeM portal 1. SUMMARY OF DG-ESIC RATE CONTRACT NO. EQ-09 I. It is proposed to enter into a Rate Contract with firms which fulfill the eligibility criteria approved by ESI Corporation for supply of Ultrasound Machine with Colour Doppler System, as specified in Annexure – A. The eligibility criteria have been given in the terms and conditions. The firms intending to participate in the bid for formulation of Rate Contract should first ensure that they fulfil all the eligibility criteria as prescribed under the terms and conditions; otherwise, the bids shall be summarily rejected. II. The Rate Contract shall be governed by the terms and conditions enclosed with this bid document and no modifications / alterations etc. are allowed in any case. If any modifications / alterations are proposed or any other condition is advanced by the bidder, it shall be ignored and the bid shall be disqualified. III. Bidder is therefore advised to bid only if the terms and conditions as prescribed by ESI Corporation are acceptable to them in its entirety and they fulfil all the eligibility criteria. IV. To participate in BID, bidder should be onboarded on GeM. The bidders should complete all stages of online bid submission through GeM portal. They are requested to complete the process of online bid submission well before the closing date. V. Evaluation & finalization of Rate Contract shall be based on GeM-bid submitted by the bidder. It is the sole responsibility of the bidder to scan and upload clear Page 2 of 63 and legible documents for the purpose of evaluation. Any deficiency in the documents submitted by the bidder may lead to disqualification of the bidder and shall be the sole responsibility of the bidder. (a) GeM bid is invited from OEM/Authorised Distributors registered in India falling only under category described as Class-I Local Supplier and Class- II Local Supplier as per the Public Procurement (preference to Make-in- India) order 2017 No. P-45021/2/2017-PP (BE-II)-Part(4) Vol.II dated 19.07.2024 issued by Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry. (b) Non-Local Suppliers are eligible to participate ONLY for EQUIPMENTS exempted vide OM No F.4/1/2023-PPD, dated 17.02.2025 issued from Department of Expenditure (DOE), Procurement Policy Division, Ministry of Finance, Govt. of India and any amendments thereof. Such participating Non-Local Suppliers shall annex the OM highlighting the exempted equipments for which the bidder is participating. Bid/s submitted by a Non-Local Supplier for equipments other than equipments which are exempted by Department of Expenditure (DOE), Procurement Policy Division, Ministry of Finance, Govt. of India, shall be summarily rejected. Considering that the registration of Make in India compliant firms is dynamic and in cases where participation of Make in India Compliant firm against a valid exempted item under the list is observed in the bid then as a principle, the Make in India clause shall prevail subject to the Make in India compliant firm meeting the eligibility criteria. (c) Only one bid should be submitted either by the OEM itself or by its authorized distributor, or by the sole importer (in case of exempted equipment) for the equipment to be quoted. Submission of more than one bid for the same equipment by the OEM and/or its authorized distributor or sole importer shall not be permitted. In such cases, all bids submitted by the OEM and the authorized distributor/sole importer shall be rejected outright, and the Earnest Money Deposit (EMD) submitted with the respective bids shall be forfeited. (d) It is Mandatory for all Participating firms to submit all affidavits with separate serial numbers within the bid and across different bids. All affidavits must bear the GeM bid Number for which it is being submitted on the top. Page 3 of 63 Bids with duplication of affidavits (with same serial number) within the bid and across different bids shall be construed to be in violation of Code of Integrity and participating firm with all submitted bid shall be summarily rejected and action as per clause 2 (X) shall be implemented. (e) One person as an Authorized Signatory can represent only one Firm in a bid or across all bids for the same firm. VI. A SINGLE SEALED ENVELOPE: The bidder is required to submit Original Demand Draft / Banker’s Cheque / FDR / Bank Guarantee towards EMD, as prescribed, in a sealed envelope super scribed with the GeM Bid No. _________ DG ESIC GeM RC Number________. The envelope should be addressed to Dy. Medical Commissioner (Procurement Cell) and sent by post or courier, or dropped in the bid box kept in Room No. 321, III Floor, ESIC Hqrs. Office, Panchdeep Bhawan, C.I.G. Road, New Delhi – 110002 within five (05) days from the bid closing date. Any EMD received after the prescribed date & time shall not be entertained, and the bid shall be summarily rejected. The buyer shall not be responsible for any postal delay or otherwise. A scanned copy of EMD (Earnest Money Deposit), as prescribed, must be uploaded by the bidder on the GeM Portal on or before the GeM bid closing date and time. VII. ONLINE TECHNICAL BID: The bidder should upload all the certificates / documents for the items quoted online in Technical Bid. The bid shall be liable to be rejected if all complete documents / certificates / annexures as specified in the bid are not uploaded / submitted in time. VIII. Representations received only on GeM portal within prescribed timelines of GeM will be examined. Representations received after prescribed timelines and through any other means (email, physical copy etc.) will not be entertained. IX. The pre-bid meeting shall be conducted by the ESIC in the manner and procedure as prescribed. Participant/ representatives has to submit an Authority letter along with photo identity card of the firms/ bidders to attend the pre-bid meeting. X. If the date of opening of bid/s is declared a public holiday, the bid shall be opened on the next working day at the same venue and time. XI. Online Technical Bid and a single sealed envelope shall be opened on the date and time as prescribed on the GeM Portal. XII. The bidder shall bear all costs and expenditures incurred in connection with: • Preparation and uploading of the bid • Subsequent processing of the bid Page 4 of 63 The purchaser shall not be responsible or liable for any such cost or expenditure, regardless of the outcome of the GeM process. XIII. CRITICAL DATE SHEET Bid Publication Date & Time As per GeM Portal Bid submission Start Date & Time Pre-bid Meeting Date & Time (Venue: Main Conference Hall, 5th Floor, ESIC Hqrs. Office, Panchdeep Bhawan, C.I.G. Road, New Delhi – 110002) Bid Submission End Date & Time Bid Opening Date & Time NOTE: - 1) It is the sole responsibility of bidders to check the website(s) for further notifications / updates/corrigendum, (if any), on GeM & ESIC website – www.esic.gov.in issued by procuring entity. Any corrigendum/ addendum thus issued subsequently shall be considered as part of the bid document. 2) It is the sole responsibility of the bidder to duly check that all the documents/ certificates/ annexure/ affidavits etc. are uploaded correctly and are legible to read. 3) Before submitting the bid, bidder should ensure that the checklist provided in this bid document is duly filled and the page number of the relevant document is clearly mentioned. The bidder is required to upload the checklist on the GeM Portal along with the other bid documents. 2. EARNEST MONEY DEPOSIT I. The bidder must submit Earnest Money Deposit (EMD) of ₹13,50,000/- (Rs. Thirteen Lakh Fifty Thousand) only along with this bid in the form of Account payee Demand Draft / Banker’s Cheque / FDR / Bank Guarantee. • The Demand Draft / Banker’s Cheque should be issued by any Scheduled Commercial Bank only (RBI approved) in favor of ESIC FUND ACCOUNT NO.1, payable at NEW DELHI. • The FDR/Bank Guarantee should be issued by any Scheduled Commercial Bank only (RBI approved) strictly in favour of “The Director General, ESIC Hqrs Office”. Cheque(s) shall not be accepted in any case. The format for Bank Guarantee for EMD is given in Annexure -B. II. A scanned copy of EMD (Earnest Money Deposit), as prescribed, must be uploaded by the bidder on the GeM Portal on or before the GeM bid closing date and time. Original copy Page 5 of 63 of EMD to be submitted by post or courier or dropped in the bid box kept in Room No. 321, III Floor, ESIC Hqrs. Office, Panchdeep Bhawan, C.I.G. Road, New Delhi – 110002 within 5 days of bid closing date. Any EMD received after the prescribed date & time will not be entertained, and the bid shall be summarily rejected. III. Individual EMD for each equipment has been indicated in the bid. IV. Scanned copy of “EMD” or documentary evidence for claiming exemption from payment of EMD shall be uploaded by the bidder on GeM Portal. The EMD against other bids cannot be adjusted or considered for this bid. No interest is payable on EMD. EMD of the firms, who fulfil pre-qualification requirements, would be retained. V. The bid submitted without EMD (unless exempted by a Govt order) or with erroneous EMD will be summarily rejected. Any bidder seeking EMD exemption MUST submit the valid supporting document for the relevant category as per GeM GTC with the bid. Under MSE category, only manufacturers for goods and Service Providers for Services are eligible for exemption from EMD. Traders are excluded from the purview of this Policy. VI. The validity of the Earnest Money Deposit should be at least 45 Days after the end of bid validity. VII. The EMD of the unsuccessful bidders shall be refunded to them after the award of the contract. VIII. For successful bidder, the EMD shall be returned immediately after the submission of performance security against the first purchase order by any location. IX. In case bidder fails to deposit performance security against the first purchase order within the specified time after award of contract, the Earnest Money Deposit shall be forfeited. X. The bidder who submits false, forged, fabricated documents or conceals facts with intent to win over the bid shall be construed to be in violation of Code of Integrity as per the bid. The bids of such participating firms shall be summarily rejected. EMD of such bidder shall be forfeited and the firm shall be liable for debarring for a period of two years for participation in bids of all ESIC institutions prospectively in addition to legal action as deemed fit. 3. TERMS AND CONDITIONS FOR GOVERNING THE RATE CONTRACT I. This bid is for the purpose of executing Rate Contract for supply of Ultrasound Machine with Colour Doppler System in ESIC Hospitals and Medical Colleges across the country. The rates quoted and accepted by the Director General, ESI Corporation shall be valid for the quantities that may be purchased from time to time during the course of the contract. Page 6 of 63 II. Director General, Employees' State Insurance Corporation, New Delhi reserves the right to reject any or all offers including the lowest quotation without assigning any reason whatsoever. Director General, ESI Corporation, New Delhi shall also have the authority to accept bidder's offer in respect of any one or more of the items for which bidders may have quoted and his decision in this respect shall be final. III. Director General, ESI Corporation reserves the right to invite separate quotations in his sole discretion, to effect purchases outside this contract in the event of any urgent demand where no stocks are held or otherwise. Director General ESI Corporation also reserves the right to foreclose/terminate Rate Contract at any time within the currency of Rate Contract. IV. ESI Corporation shall be entitled to proceed against the participating firm/bidder before the court of law or otherwise to protect its rights and remedies available under law. V. An affidavit regarding the deemed acceptance of all terms & conditions of the bid without any deviation must be uploaded on GeM portal in Annexure – C on a non-judicial stamp paper of Rs. 300 or as per state rules whichever is higher. Non-judicial stamp paper should be duly signed by Authorized signatory and notarized. VI. The bidder is required to download the Integrity Pact document from GeM/as specified in Manual or Procurement of Goods 2024 and provided in the bid in Annexure – D. Duly Signed and scanned copy must be uploaded on the GeM portal during bid submission. The integrity pact to be submitted on non-judicial stamp paper of Rs.300 or as per State Rules, whichever is more. VII. All stamp paper purchase date should be after the date of publish of the bid on GeM Portal and date of signature of authorized signatory and date of notarization should be after the purchase date. VIII. Bidder shall have to furnish documents in support of the information given in the bid. Original documents shall be submitted for verification as and when required. If the bidder fails to provide such original or in case of discrepancies in such documents, it shall be construed as a violation of Code of Integrity. Such bids shall be summarily rejected. In addition, the bidders shall be liable for action as per clause 2(X). IX. The bids submitted by firms which are currently under debarment/blacklisting by ESI Corporation/Order of Debarment across all Ministries/Departments shall not be considered in ESIC Rate Contract till the period of debarring/blacklisting is over. The firms for which debarment/blacklisting is over as on the date & time of closing of bid submission can apply. Page 7 of 63 X. In case of any attempt for cartelization by bidders with a view to hike up the prices, the respective bids shall be summarily rejected. In addition, the bidders shall be liable for action as per clause 2(X). XI. The bidder, if selected, shall have to supply equipment in the quantity ordered only through GeM Portal, directly to all ESIC Hospitals and Medical Colleges across the Country. Sub-authorization of the awarded bid or part thereof by the successfully bidder to any other firm will also not be accepted. In case, at any stage of the contract, it is found that the approved firm has sub-authorized of the awarded bid or part thereof to any other firm, ESI Corporation shall initiate the following actions against the approved firm(s): a) 100% forfeiture of Performance Security (against any supply to all ESIC Institution/s) from the valid current DG-ESIC Rate Contract(s). b) Blacklisting for participation in the future bid enquiries for all ESIC Institutions for a period of two years prospectively. XII. This bid is for rate contract by the ESIC, and not an order for items. The supply orders will be issued later by the designated buyers i.e., ESIC Hospitals and Medical Colleges across the country, at its discretion, depending on the actual need THROUGH GEM ONLY. The bidders shall supply the items only on the basis of the Supply Order issued by ESIC Hospitals and Medical Colleges across the country. Any supply without a valid Supply Order will not be accepted by respective ESIC Hospitals and Medical Colleges for payment and the ESIC shall not be responsible for any loss on this account. The validity of the rate contract shall be for one year from the date of acceptance. XIII. The Purchase Order issued prior to the end of validity of the Rate Contract shall be executed by the firm even after the end of the validity. However, it shall not be applicable in case of debarment of the firm. XIV. However, once the Supply Order/orders is/are issued by ESIC Hospitals and Medical Colleges, the bidder should not renege from the commitment of supplying the quantity mentioned in the agreement / undertaking. XV. The rates quoted shall not be increased with the order quantity or the destination during the full contract period. The rates will be fixed for the entire rate contract period for all the consignee locations across the country. Discount as applicable as per GeM policy to be provided by selected firm. XVI. For turnover, ITR to be submitted for last three years by the bidder Page 8 of 63 XVII. Start-up certificate issued by DPIIT to be submitted (if applicable). Undertaking to be submitted as per GeM clause for start-up (if applicable). XVIII. This RC bid is intended for discovery of rate. Rates are being finalized for Central Delhi location. However, the successful bidder has to supply the equipment across the Country at discovered rate. The tentative list of ESIC locations is attached, however, subject to variation. Orders received from ESIS locations also to be catered if GeM functionality permits. XIX. RC is initially for a period of 01 year and may be extended for another 01 year with mutual consent on same terms and conditions subject to availability and functionality on GeM. XX. Foreclosure: ESI Corporation also reserves the right to foreclose Rate Contract at any time within the currency of Rate Contract. In case of foreclosure, EMD/ PBG of bidders, as the case may be, shall be returned back without accrual of any interest after the completion of recovery process and submission of No Dues from the users. However, it shall not be applicable in case of debarment of the firm. 4. ELIGIBILITY CRITERIA I. Valid Manufacturing License, Import License and Marketing License: Valid Manufacturing License and Marketing License for the quoted equipment, issued by the Licensing Authority Concerned, to be provided by the bidder. In case the bidder is not an OEM, the Manufacturing License of the OEM, Import License (in case of imported products) and Marketing License of the bidder is to be submitted for the quoted equipment. II. Bidders must be either a licensed Indian manufacturer or an authorized distributor or an importer (wherever applicable) for which the bid is being submitted. Sub- authorization of the awarded bid or part thereof by the successfully bidder to any other firm will also not be accepted. If the bidder is an OEM, a self-declaration on the OEM’s letterhead confirming the same must be submitted. In case the bidder is not the OEM, an OEM Authorization certificate issued by the OEM in the name of the bidder must be submitted along with other necessary details in Annexure – E on the letter head of the OEM, and should be duly signed & stamped by authorised signatory of the OEM. Bids without authorization letter will be summarily rejected. Page 9 of 63 III. Should not have been convicted or manufacturing license suspended for manufacturing/supplying sub-standard equipment or on any other grounds under Medical & Cosmetics Act or rules framed thereunder/CDSCO guidelines, in preceding three years from the bid closing date. This shall be applicable to manufacturer and importer irrespective of bidder status. IV. The firm / company / corporation and any of its Directors/ Proprietor/ Partners/ authorized signatories should not be convicted / or a criminal case filed against or pending in any court of law by any department of the government under Prevention of Corruption Act or for cheating / defrauding government / embezzlement of government fund or for any criminal conspiracy in the said matter in preceding three years from the bid closing date. This shall be applicable to manufacturer and importer irrespective of bidder status. V. Firm should not be currently blacklisted, debarred or deregistered for forgery, misrepresentation for which the bid is being submitted, by any govt. /autonomous body/ institution, hospital in India. This shall be applicable to manufacturer and importer irrespective of bidder status. VI. All Annexures are to be duly filled, signed (wherever applicable), stamped and scanned copy of original to be uploaded in the bid. VII. Company/Authorized Signatory has to submit self-declaration with details of Name of Company; Employer Code No. & copy of last three contribution periods towards ESI in case firm is covered under ESI Act. (It is mandatory to check all relevant details i.e. Name & period etc. before uploading). OR Company /Authorized Signatory has to submit an affidavit giving address of the firm with a declaration that this firm is outside the implemented area / notified area by ESI Corporation. OR Company /Authorized Signatory has to submit either a certificate from the Regional Director that the firm is not coverable or no employee is coverable under ESI Act, in case the factory is within the notified area or an affidavit to this extent. VIII. The item/s for which the offer is being made should be given as per the format given in Annexure – F. All the columns of Annexure – F should be properly filled up and no column should be left blank. Page 10 of 63 IX. Before submitting the bid, bidder should make sure that all documents / affidavits carry signatures of authorized signatory / Chartered accountant / Company auditor etc. wherever mentioned specifically. All affidavits to be duly notarized on non-judicial stamp paper of appropriate value. X. Annexure – G: Information, certificates and undertakings as per the proforma enclosed Annexure – G should be submitted as an affidavit on non-judicial stamp paper of Rs. 300/- or as per State rules whichever is higher signed by the Authorized Signatory & duly notarized with the bid. Furnishing of wrong information, false, forged, fabricated documents shall be construed as violation of Code of Integrity as per bid. Such bids shall be summarily rejected and the firm shall be liable for action under clause 2(X) Note: Please ensure that: 1. All affidavits within the bid or across different bids should have different serial numbers. 2. Care is taken in typing the correct format and language. XI. Merger & Acquisition of firm/s should be in adherence to Corporate Law and duly sanctioned by Hon’ble High Court or National Company Law Tribunal. Such firm/s shall be eligible for participation only in cases where the merged firm/s are completely subsumed or form a new entity and cease to exist completely. This should be submitted with all supporting documents including Board resolutions, Memorandum of Article of the new entity (if applicable), proof of Incorporation in Registrar of Companies inter-alia. However, eligibility criteria of this bid shall always prevail and decision of the ESI Corporation shall be final and binding. The eligibility of participating firm as demerged entity shall be governed as per instructions issued vide OM No. F.8/78/2023-PPD dated 12.10.2023 as amended from Procurement Policy Division, Department of Expenditure, Ministry of Finance, Govt. of India and eligibility criteria of this DG-ESIC GeM bid. XII. All Certificates issued by Chartered Accountant must mention UDIN Number. XIII. Notwithstanding anything contained in this document, it is hereby clarified that participating firms which are otherwise ineligible but are entitled to participate in the present bid on account of interim orders/stay granted by courts/other authorities shall only be treated as provisionally eligible. Consequently, in the event of the Page 11 of 63 vacation/modification of the interim orders restoring the ineligibility of the participating firm the following consequences shall ensue: - a. Firms which become ineligible prior to the award of the final contract shall be ousted from the bid process with immediate effect from the date of vacation/modification of the stay order. b. In case the firms become ineligible after the award of contract, the contract awarded shall be liable to be cancelled at the sole discretion of the DG-ESIC. Note: It shall be the sole responsibility of participating firm to inform ESIC of any such decisions immediately. XIV. Should be ready to supply item(s) as per the specification and quoted Model name & number given in the bid, and not their substitute. Undertakings for the same to be given. XV. Should have following Annual Turnover (as certified by a Chartered Accountant) in (Annexure – H) during last three years i.e. 2022-23, 2023-24 and 2024-25: • Average Annual Turnover of the bidder should be Rs. 675 Lakh or more. • Average Annual Turnover of the OEM should be Rs. 5400 Lakh or more (As per GeM Rate Contract Bid Document) In case the bidder is not the OEM, the bidder has to submit supporting documents for OEM Average Annual Turnover also along with bidder’s Average Annual Turnover. OEM Annual Turnover should be mentioned in INR & certified by Indian Chartered Accountant. XVI. A valid MSME (UDYAM certified) / start-up verified by DIPP. XVII. The medical device shall conform to the standards laid down by the Bureau of Indian Standards established under section 3 of the Bureau of Indian Standards Act, 1985 (63 of 1985) or as may be notified by the Ministry of Health and Family Welfare in the Central Government, from time to time. XVIII. Where no relevant standard of any medical device has been laid down by the Bureau of Indian Standards or notified by the Ministry of Health and Family Welfare (MoH&FW) in the Central Government, such device shall conform to the standard laid down by the International Organization for Standardization (ISO) or the International Electro Technical Commission (IEC), or by any other pharmacopoeial standards. Page 12 of 63 XIX. In case of the standards which have not been specified by BIS/MoH&FW/ISO/IEC, or by any other pharmacopoeial standards, the device shall conform to the validated manufacturer’s standards. XX. BIS/ISO/IEC/pharmacopoeial standards/validated manufacturer’s standards certificate for each item quoted as applicable, needs to be submitted. XXI. Should have valid GST Registration Number and PAN Card. XXII. Start-up Companies registered with DIPP/ MSME (UDYAM Certified) Companies registered also are exempted from EMD and other criteria’s as per Norms and relaxations in GFR rules. XXIII. The User Manual/data sheet for quoted equipment to be uploaded on GeM Portal highlighting complete technical specifications align with the Annexure – A. In case of any deviation, the same must be highlighted. Also, BIS/ISO/IEC/pharmacopoeial standards/validated manufacturer’s standards certificate as applicable for the equipment quoted in the bid must be uploaded on GeM Portal along with the bid. XXIV. An inspection of the quoted equipment shall be required before award of the contract to ensure the technical specifications and functionality of the equipment as per bid. The successful bidders will be informed at least 07 days in advance regarding the schedule. XXV. GST & ITR AFFIDAVIT: Affidavit in Annexure – I on non-judicial stamp paper of Rs.300 or as per State rules, whichever is higher, to be submitted for no dues pending for GST and no income tax is pending till financial year 2024-2025. Return for the last financial year attested by CA to be enclosed. XXVI. Experience Criteria: The Bidder or its OEM of the product offered in the bid {themselves or through reseller(s)} should have regularly, manufactured and supplied same Category Products to any Central / State Govt Organization / PSU for any three of the following financial years i.e. 2022-23, 2023-24, 2024-25 and 2025-26. Copies of relevant contracts/PO’s and delivery acceptance certificates like CRAC to be submitted along with bid in support of having supplied some quantity during the financial year for which purchase orders have been submitted. XXVII. Satisfactory Performance certificate issued by Head of the Institution/ Authorized Officer for the same equipment supplied for any three of the following financial years i.e. 2022-23, 2023-24, 2024-25 and 2025-26 as per format prescribed in the bid in Annexure - J. Page 13 of 63 XXVIII. Letter of authorization to sign and submit the bid along with specimen signature of the authorized signatory. 5. Purchase preference for MSE and MII: A. Micro & Small Enterprises (MSE): Purchase preference shall be given based on Govt. Circular No. 21(1)/2011-MA dated 25.04.2012 and 21(15)/2012-MA dated 24.05.2012, 09.11.2018 and any other Guideline issued by Government of India. As per GeM. B. Make in India (MII): Purchase preference shall be given to Class-I local supplier(s) as per Public Procurement (Preference to make in India), Order 2017 notification issued by GoI, Ministry of Commerce and Industry, Department of Industrial Policy and Promotion (DIPP) vide order no. P-45021/12/2017-PP (BE-II)-Part (4) vol. II dated 19.07.2024 as per GeM. A Certificate from the Chartered Accountant has also to be submitted in Annexure – K. 6. Escalation Matrix for Service Support: Bidder/OEM must provide Escalation Matrix of Telephone Numbers, as prescribed in Annexure – L, for Service Support. Escalation matrix to be provided by the bidder for maintenance/repair which will include minimum of 03 level with phone number and email and last will be highest level in escalation matrix. 24 x 7 operational Help line number to be provided by OEM if 24 x 7 helpline not worked, penalty clause to be levied as specified. Bidder to submit the following additional information in Affidavit: (Distributors/Dealers shall not be considered) Participating Firms would submit in the bid as per Annexure – L the list of the, Details of authorized Service centers, email ID & Telephone number with the name of the person in charge. Valid documentary evidence in the name of the Participating firm i.e. Valid Manufacturing Licenses and GST Certificate only shall be considered as proof of authorized Service centers in Annexure – L and have to be submitted along with the bid. Aforesaid offices/officials shall also be responsible for Maintenance/Service/Repair-Whether provided by OEM/authorized service provider in the stipulated time at the ESI locations. The bidder will have service centers/service/repair provider to cater all ESIC Hospitals and Medical Colleges (List Annexed) or establish Maintenance/Service/Repair provider by OEM/authorized service provider within one month of winning the bid. Free of cost Software updation of equipment to be done during the warranty as well as CMC period. 7. PERFORMANCE SECURITY A. All Successful bidders including MSE bidder shall deposit the Performance Security for the requisite amount (5% of the total value of each Supply/Purchase Order) in the form of Demand Draft/Banker’s Cheque/FDR/Bank Guarantee at the respective consignee. Page 14 of 63 Demand Draft / Banker’s Cheque should be issued by any Scheduled Commercial Bank only (RBI approved) in favour of ESIC FUND ACCOUNT NO.1, payable at ……….. (respective consignee locations). FDR/Bank Guarantee should be strictly in favour of “The Dean / Medical Superintendent, ESIC Hospital / Medical College & Hospital …………….. of the concerned GeM Buyers. The format for Bank Guarantee for Performance Security is given in Annexure - M B. Director General, ESI Corporation shall be at liberty to apportion any amount due and payable by the bidder to ESIC in respect of Non-supply / Non Performance/ risk purchase by the ESIC / against equipment of “Not of Standard Quality” or any other amount which becomes payable by the bidder in favor of ESIC by virtue of the terms and conditions agreed herein and recover the same from the Performance Security or from any other contract placed with bidder. No appeal shall lie with any authority against the decision taken by him in pursuance of this clause. C. EMD of the successful bidder shall not be adjusted as part of performance security. D. Performance Security must be deposited with the designated buyer within 15 days from the date of placing of Purchase/Supply order and shall remain valid for a period of 60 days beyond the date of compliance of all contractual obligations of the supplier including warranty obligations. E. Performance Security shall be released (after the completion of validity of Bank guarantee) within one month of submission of No dues from the Users and No pending recovery certificate from the Approved firms. 8. QUALITY CONTROL A. While quoting against equipment with ISI Mark, it should be ensured that ISI code number is indicated on quotation and at the time of making the supplies, the firm should ensure that the equipment supplied has ISI Mark as well as Code Number, as is the statutory requirement of the Bureau of Indian Standards. The attested copy of the valid ISI Marking license issued by Bureau of Indian Standards should be enclosed along with the quotation. B. If the equipment supplied against this Rate Contract are not found to be as per specifications and terms & conditions of the Contract on inspection by consignee locations, the firm shall be liable to replace the equipment within 30 days otherwise necessary action shall be initiated against the firm including the debarment of the firm and forfeiture of Performance Security. 9. PURCHASE ORDER I. After the quotations have been accepted by the Director General, ESI Corporation, purchase/supply orders shall be placed by designated Buyers (GeM-registered users who are authorized to place Purchase Orders (POs) against the finalized Rate Page 15 of 63 Contract) through GeM Portal for respective Rate Contract Consignees (designated delivery locations) i.e., ESIC Hospitals and Medical Colleges, as per list attached. II. Purchase orders shall be placed from time to time during the currency of the contract in which the exact quantities required on each occasion together shall be specified by designated Buyers. III. No guarantee can be given as to the minimum quantity which shall be drawn against this Rate Contract but the firm shall supply quantity as ordered by the designated Buyers during the currency of the Rate Contract. IV. All purchase orders placed during the validity of this Rate contract have to be honored by the firm even if date of supply is outside the validity of Rate Contract. 10. DELIVERY PERIOD OF THE PURCHASE ORDER A. Purchase Orders shall be placed by designated Buyers only through GeM Portal. B. Delivery Period shall be of 60 days from the date of issuing of the purchase order through GeM Portal and the firm shall, execute the order within the stipulated time. 11. PENALTY FOR NON-SUPPLY/LATE SUPPLY A. If the firm fails to execute the supply order within the stipulated period of sixty days, penalty of 0.5% of the value of the order calculated at the contract rate per week or a part of a week shall be levied. The maximum penalty for late supply shall not exceed 03% of the total value of the order/orders. A firm can seek extension of the delivery period with the prior consent of the designated buyers, if it is not in a position to execute the order in time. Such extension is permissible for a maximum period of 6 weeks only but penalty shall be levied. That extension of delivery period cannot be claimed as a matter of right but shall be at the discretion of concerned designated buyer. B. If the equipments are not supplied by the scheduled date against any purchase order at any or all locations (as indicated above or by the extended date) full or in part, the order in respect of the quantity not supplied is liable to be cancelled and Performance security will be forfeited for the same equipment submitted by bidder at any consignee locations under this Rate Contract. C. If the firm fails to execute 03 supply orders at any or all location in any part of the country during the period of rate contract, it shall be debarred for the next two years with effect from the last failure and forfeiting of Performance Security for the same equipment submitted by bidder at any consignee locations under this Rate Contract. D. If the supply is received in damaged condition, it shall not be accepted. The firm shall be liable to replace the equipment within 30 days otherwise necessary action shall be initiated Page 16 of 63 against the firm including the debarment of the firm and forfeiture of Performance Security for same equipment submitted by bidder at any consignee under this Rate Contract. 12. QUOTING OF PRICE I. The price must be quoted F.O.R Destination per unit and should be inclusive of Goods and services Tax (GST) and all other charges. Bidders are requested to fill rates of equipment in the price bid through GeM Portal only. II. The purchaser shall not pay separately for transit insurance and the bidder shall be responsible for delivery of equipment covered by the supply order in good condition at the specified destination and for this purpose freight, insurance, octroi etc., if any, shall have to be borne by the bidder. III. The designated buyer shall, as soon as possible, but not later than 30 days of the date of arrival of equipment at RC consignees, notify the firm, of any loss damage to the equipment that may have occurred during the transit. 13. NO ADVANCE PAYMENT TO THE SUPPLIER WILL BE ENTERTAINED. 14. Inspection, Installation & Commissioning: 1. Firm will facilitate inspection within 15 days of delivery. 2. Firm will ensure installation, commissioning & training within 30 days of inspection. 15. PAYMENT A. Payment shall be made by designated Buyers (GeM-registered users authorized to place Purchase Orders) through GeM for respective Consignees (ESIC Medical Colleges & Hospitals), as follows: a) 70% of PO value will be released after delivery of equipment & accessories and submission of joint inspection certificate signed by the Consignee/representative & bidder/representative. Equipment shall remain under bidder custody until installation. Payment shall not be delayed beyond 15 days of inspection. b) 30% of PO value will be paid after successful installation & commissioning, upon submitting joint report signed by Consignee/representative & bidder/representative. Payment shall not be delayed beyond 30 days after Installation and Commissioning. B. Any dues or payments that have arisen to the Corporation from the firm for which no specific time limit has been laid down in the terms and conditions shall be payable by the Page 17 of 63 firm within such time limit as may be prescribed in the letters/orders addressed to the firms. Any payments that have been demanded as per the provisions of above clause or under any other clause shall be payable within the time laid down. On failure to do so: - • The firm shall be liable to be debarred for supplying equipment to the Corporation for a period not exceeding two years. • The Corporation reserves its right to take appropriate legal action against the defaulting firms as may be legally advised, including claim for compensation and damages for the period of delay and / or simple interest 10% per annum for each day of default. 16. Warranty & CMC A. The complete system must be offered with 5 years of comprehensive onsite warranty followed by 5 years of CMC. The successful bidder shall submit OEM warranty certificates at the respective consignee locations upon delivery of the goods. In case of imported product, the successful bidder shall also submit the documents confirming the import of quoted equipment (import invoice, bill of entry, certificate of Country of origin etc.) The bidder shall also submit an undertaking by Original Equipment Manufacturers (OEM) regarding Warranty and CMC in Annexure – N, on the letter head of the OEM, and should be duly signed & stamped by authorised signatory of the OEM. B. For details on warranty coverage, the GeM terms and conditions must be referred. C. CMC shall include preventive maintenance including calibration as per technical/ service / operational manual of the manufacturer, service charges and spares, after satisfactory completion of Warranty. During the CMC period commencing from date of the successful completion of warranty period, Service personnel shall visit each consignee site as recommended in the manufacturer’s technical/ service /operational manual, at least once in three months or as per recommendations of the firm whichever is higher. CMC shall not be including the consumables. Further there will be 98% uptime warranty during CMC period on 24 (hrs.) X 7 (days) X 365 (days) basis, with penalty, to extend CMC period by double the downtime period. D. Cost of CMC will not be added for Ranking/Evaluation purpose. E. The rates of CMC Charges after warranty are fixed year-wise as given in the table below: Page 18 of 63 Sl. No. Year CMC Charges as percentage of basic cost of equipment (without taxes*) 1 6th Year 3% 2 7th Year 4% 3 8th Year 5% 4 9th Year 6% 5 10th Year 7% *However, concurrent applicable taxes will be added at the time of payment of CMC Charges. F. The payment of CMC will be made on quarterly basis after satisfactory completion of said period, duly certified by end user. G. Counter offer/rate matching mechanism/Reverse Auction shall be as per GeM provision. H. The CMC Contract shall be handled by the designated buyer. The payment of CMC will be made on quarterly basis after satisfactory completion of said period, duly certified by end user and scope of CMC will be as per agreement signed. I. The above terms and conditions shall be part of the bid as well as part of the contract and shall be mandatorily applicable. J. Performance bank guarantee applicable for CMC is to be submitted at start of the CMC by the bidder at the respective consignee locations and shall be applicable at the rate of 05% on total CMC Charges. 17. Cost of Reagents, Consumables etc. A. The bidders must provide the list of reagents, controls, consumables, calibrators, etc. which are to be utilized/consumed in the equipment and quote rates thereof. B. All quoted prices for reagents, consumables, controls, calibrators, etc. would remain fixed for 10 years and the bidder shall be liable to supply these items on quoted rates. 18. ARBITRATION In the event of any dispute or difference between the parties hereto, arising under these conditions or any special conditions or contract or in connection with this contract, except as to any matters the decision on which is specially provided for by these or special conditions the same shall be resolved amicably by mutual consultation. If such resolution is not possible, within a period of 60 days from the date when the dispute/difference was first raised, the unresolved dispute or difference shall be referred for arbitration by a Sole Arbitrator to the Page 19 of 63 Delhi International Arbitration Centre, Delhi High Court. The provisions of the Arbitration and Conciliation Act 1996, as amended from time to time shall be applicable in such matters. The seat of arbitration shall be New Delhi. 19. JURISDICTION The courts in Delhi alone, and no other court anywhere in India, shall have the exclusive jurisdiction in respect of any civil or criminal suit arising out of this bid, including those related to arbitration. 20. RATE REVISION Successful bidders shall not be entitled to any upward rate revision for any reason. 21. Fall Clause: The Rate Contract holder shall furnish the following certificate to the concerned Paying Authority along with each bill for payment of supplies made: “ I/We certify that there has been no reduction in the sale price of the goods of description identical to the goods supplied under this contract and such goods have not been offered/sold by me/ us to any person /organisation including the purchaser or any department of Central Government or any as the case may be up to the date of bill/ the date of completion of supplies against all supply orders placed during the currency of the Rate contract at a price lower than the price charged under the contract 22. INSPECTION: The Director General, ESI Corporation, reserve the right for Inspection of the firms participating in the bids, by the officers appointed. They can carry out inspection for assessing the quality /capacity/capability/eligibility of the firm to make supplies on the basis of ESI Rate Contract and to ensure that the provisions of the good manufacturing practices are being followed by firm. The decision of Director General shall be final in this regard. 23. GENERAL INSTRUCTIONS A. Signing of the bid: The bid is liable to be rejected if complete information is not given therein or if the particulars and date (if any) asked for in the schedule to the bid are not filled in. Individual signing the bid or other documents connected with the contract must specify whether he signs as: - a. A sole proprietor of the firm or constituted attorney of such sole proprietor. b. A partner of the firm, if it be a partnership firm in which case he must have authority to refer to arbitration disputes concerning the business of the partnership/agreement or a power of attorney. c. Authorized Signatory if it is a company; please enclose the resolution of board of Directors. Page 20 of 63 B. Any concealment, misrepresentation on the part of the firm shall warrant strict action which may extend to cancellation of the bid or subsequent award. Such cancellation shall be at the sole risk of the firm / individual signing the bid or submitting any other document. C. In case of 20(A) (b) a copy of partnership agreement attested by a Notary Public should be furnished, or an affidavit on stamped paper by all the partners admitting execution of the partnership of the general power of attorney should be furnished. D. In the case of partnership firms, where no authority to refer disputes concerning the business of the partnership has been conferred on any partner, the bid and all other related documents must be signed by each partner of the firm. E. NEAR-RELATIONSHIP CERTIFICATE: If the bidder/contractor/supplier/seller or any employee of the bidder/contractor/supplier/seller or any person acting on behalf of the bidder/contractor/supplier/seller, either directly or indirectly, is a relative of any of the officers/officials (regular/contractual) of Employees' State Insurance Corporation (ESIC), or alternatively, if any relative of an officer/official of ESIC has financial interest/stake in the bidder's/contractor's/supplier's/seller's firm, the same shall be disclosed by the bidder/contractor/supplier/seller at the time of filing of the tender/participation in the procurement process. Failure to disclose this information shall result in cancellation of the bidder’s participation. For this purpose, the bidder should give a certificate in Annexure – O, that none of his/her near relative, as defined below is working in the all ESIC Offices (Regional / Sub-Regional / Dispensaries / Branch Offices / Dispensary-Cum-Branch Offices / Hospitals / Medical & Dental Colleges /PGIMSRs etc.) across the Country In case of bidder being proprietorship firm, this certificate will be given by the proprietor. For partnership firm, the certificate will be given by all the partners. In case of bidder being Company/Limited company, the certificate will be given by all the Directors of the company, but excluding following: a) Government of India/ Financial institution nominees and independent non-Official part time Directors, appointed by Govt. of India or the Governor of the state and b) Full time Directors of PSUs, both Central and State Due to any breach of these conditions or incorrect declarations by the bidder [Company or firm or any other person], the bid/tender submitted will be cancelled and Bid Security will be forfeited at any stage, whenever it is noticed and ESIC will not pay any damage to the company or firm or the concerned person. The near relatives for this purpose are defined as: - a) Members of a Hindu undivided family/others. b) They are husband and wife. Page 21 of 63 c) The one is related to the other in the manner as father, mother, son (s) & Son's wife (daughter in law), Daughter(s) and daughter's husband (son in law), brother(s) and brother's wife, sister(s) and sister's husband (brother in law). F. A person signing the bid form or any documents forming part of the contract on behalf of another shall be deemed to warrant that he has authority to sign the same and, if on enquiry it appears that the person so signing had no authority to do so, the purchaser may without prejudice to other civil and criminal remedy cancel the contract and hold the signatory liable for all costs and damages. G. The bid can also be rejected if: - a. A firm submits conditional bid. b. More than one type of rates is quoted for one product. c. Submission of unsealed envelope containing EMD. d. If it is not legible and cuttings/over writings are not attested by the authorized signatory along with seal. e. The rates quoted are not found both in figures and words. f. The rates are quoted for equipment different from that asked in this bid. g. Affidavits of same serial number are used within the bid or across different Bid enquiries. h. Non submission of any other document mandated in the bid. H. All pages of photocopy of various papers/certificates attached should be self-attested by Authorized Signatory with stamp. It is mandatory that all pages of affidavits including stamp paper are signed and stamped by authorized signatory and duly notarized by notary bearing signature and stamp. I. It is mandatory for all bidders to submit the bid online through GeM Portal. The terms & conditions of the present bid for Rate Contract are binding upon the firms / Bidders. The submissions of the online bid shall construe a concluded agreement for the purpose of invocation and enforcement of the terms & conditions of the online bid. 24. After finalization of RC: If bidder does not accept the contract/offer letter or gives conditional acceptance, bidder will be liable to be blacklisted and EMD deposited will be forfeited. 25. Force Majeure: If at any time during the applicability of Contract the bidder fails to discharge its Obligation due to force majeure (natural disaster or act of God etc.) he shall promptly notify the Director General or its representative about the happening of such an event. The Director General or its representative is solely entitled to terminate/ determine the order/contract in respect of such performance of the bidder(s) obligations if he so desires. The obligations under the contract on behalf of bidder for the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist. Page 22 of 63 26. Integrity Pact Annexure – D on Rs 300/- non-judicial stamp paper) Bidders are required to sign the Integrity Pact as annexed with the bid document as Second Party and upload Alon with the bid. Integrity Pact IN ORIGINAL shall be submitted after finalization of Rate Contract. ESIC shall sign the Integrity Pact as Principal and First Party after finalization of Rate Contract. All the bidders are bound to comply with the Integrity Pact clauses. Bids submitted without signing the Integrity Pact shall be void ab initio and shall be treated as rejected without assigning any reason. The Bidder has to sign as second party in designated space in addition to attestation of documents. Competent Authority, ESIC has appointed the following Independent External Monitor (IEMs) in ESIC vide OM No. D-13011/1/2022-Gen.(P-2) dated: 26.07.2024: - Sl. No. Name Email 1 Sh. Vidya Bhushan Kumar, IFoS (Retd.) vbkifs@gmail.com,vbk33@yahoo.com 9779156123, 7899294433 2 Dr. Sarat Kumar Acharya, Ex-CMD, NLC sarat777@rediffmail.com 9442118060, 8754498285 27. The provision of Public Procurement Policies (policies relating to Make in India, MSME inter alia) shall be applicable in the biding process. 28. Bank Mandate form of the firm for E.C.S purpose as per Annexure-P. 29. The bidder should mandatorily inform if there is any change in Bank details/ Authorised Signatory of the firm during the currency of the bid. 30. Right to Intellectual Property and confidentiality: - This Bid document and associated correspondence are subject to data protection and copyright laws and shall always remain the property of the Procuring Entity and must not be shared with third parties or reproduced, whether in whole or part, without the procuring entity’s prior written consent. This condition shall also apply to bidders who do not submit a bid after downloading it or who are not awarded a contract in the process. The provision of this clause shall survive completion or termination for whatever reason of the bid process or the contract. Page 23 of 63 (Annexure – A) SPECIFICATIONS OF ULTRASOUND MACHINE WITH COLOUR DOPPLER SYSTEM A. Applications - Abdomen, Abdominal Vascular, Urology, OB/GYN, Neonatal Brain, Small Parts (Breast, Thyroid, Scrotal, Prostate, MSK), 2-D Echo B. Types Of Probes & Features: 1. Flat linear array: 2-10 MHz (±2) 2. Convex array: 2-5 MHz (±2) 3. Cardiac Probe: 1-5 MHz (±2) 4. Volume Convex Probe: 2 to 5 MHz (±2) 5. Endocavitatory (TV) Probe: 4 to 9 MHz (±2) 6. Hockey Stick Probe: 8 to 20 MHz (±2) 7. Probe technology: Probe should be one of the modern technologies such as (1) Pure wave, (2) Single crystal, (3) Matrix etc. Mention the technology of each quoted probe. 8. Dedicated 3-D/4-D: Yes 9. Gel Warmer: Yes C. Scan Modes 1. B-mode: Yes 2. M-mode: Yes 3. Contrast harmonic imaging with angio mode: Yes/No/Higher 4. Tissue harmonic imaging mode: Yes 5. Provision of Harmonic imaging in Linear Probe: Yes 6. Color Doppler imaging (CDI): Yes 7. Color Doppler 3-D/4-D option: Yes 8. Breast Elastography: Yes 9. Thyroid Elastography: Yes 10. Liver Elastography: Yes (Shear wave elastography) 11. Power Doppler imaging (PDI): Yes 12. Power Doppler 3-D/4-D option : Yes 13. Continuous wave Yes: 14. Pulsed wave: Yes 15. Duplex mode: Yes 16. Triplex mode: Yes 17. Tissue Doppler imaging: Yes 18. Contrast-enhanced ultrasound (CEUS) option: Yes/ No/Higher 19. Tissue synchronization, tissue velocity: Yes 20. Gain control in two dimensions for additional level of flexibility for image quality control: Yes 21. Provision for higher resolution: Real time high frequency 2D 22. Probes supplied shall be in latest generation bandwidth: Yes 23. Provision for higher sensitivity for low frequency Doppler in all probes: Yes 24. Number of Channels in Color Doppler System: 15,00,000 or more (If Channels are being designated as digital channels) 25. Live 3 D imaging in Color Doppler system: Yes Page 24 of 63 26. Colour Doppler system with all application packages Quad loop for serial studies with high frame rate revise, harmonic imaging capability in all modes and integrated stress echo package digital storage and retrieval: Yes 27. Number of grey shades for sharp contrast resolutions in db: 256 or more 28. High-definition acoustic zoom provision for enlarging sections of 2D and Colour flow images with more acoustic information for greater clarity and detail while maintaining an optimal frame rate: yes 29. Colour Flow Imaging Option: Yes 30. Provision of Tissue Colorization (B-Colour) for improved contrast resolution: Yes 31. All application packages should be inbuilt into the system: Yes 32. Cine Loop Features: Yes 33. Cine Loop Memory in MB: 150 or more 34. Frame grabber facility for post analysis: Yes 35. Facility for Various maps for pre and post processing: Yes 36. User defined system and application presets for multi-user department: Yes 37. Number of transducer/probe ports: 4 or More active ports 38. System should be capable of generating real time live 3-D images: Yes 39. Contrast agent imaging: Yes/ No / Higher 40. Color Doppler system with all applications package, quad loop for serial studies with high frame rate, harmonic imaging capability in all modes and digital storage and retrieval: Yes D. Image Display And Processing: 1. DICOM 3 COMPLIANT: Yes 2. Adjustable transmit focus: Yes 3. Automated B-mode (2-D) image: Yes 4. Automated CDI image optimization: Yes 5. Automated PW Doppler image optimization: Yes 6. Dynamic receive focus: Yes 7. Grayscale levels: 256 or more 8. Image magnification (zoom): Yes 9. Real-time image: Yes 10. Frozen image: Yes 11. Touch Screen: Yes 12. Monitor shall have high-resolution: Yes 13. Provision of Tilt and Swivel monitor should be able to view in all angles and all light conditions: Yes 14. Monitor display size, cm (in): 23" or more, preferably LED with handle 15. Split screen: Twin View and Live Quad Screen 16. Single/dual monitors: Dual (image display and touch panel) 17. Depth, cm: ≥30(11.8) 18. Pre processing: Yes 19. Post processing: Yes 20. Selectable dynamic range: Yes, >=275 21. Spectrum analyzer: Yes 22. DIGTTAL IMAGE STORAGE: YES 23. Cine loop playback: Yes 24. Max number frames: 1500 or More 25. Digital storage hard drive, GB: 1 TB or More Page 25 of 63 26. Speckle-tracking strain and strain rate: Yes 27. Exam protocols: Yes 28. Automated: Yes 29. Digital calipers: Yes 30. Exam presets: Yes 31. Customizable presets: Yes 32. On-screen annotation: Yes 33. DVD/CD Writer: Yes 34. Flash Memory: Yes 35. USB connector: Yes (minimum 2) 36. Facility for high-definition digital acquisition, review and editing of complete patient studies: Yes 37. Frame Grabber incorporated: Yes 38. Additional PC with all software inclusive interfaced with USG machine: Yes 39. Additional PC: Latest Windows OS, Microsoft Office (professional), USB connectors: Yes 40. Type of processor: i7 or latest 41. Processor speed in GHZ: ≥3 42. Connectivity between USG and PC: Yes 43. RAM capacity of PC in GB: ≥8 44. Additional PC should be Wi-Fi enabled: Yes 45. Laser Color printer provided with computer for reporting: Yes 46. CD/DVD Produced should be playable on any System: Yes 47. Glossy Colour Print Paper supplied: 500 sheets 48. Dicom Interfacility: Dicom to PACS: Yes 49. Interfacility: Dicom to RIS: Yes 50. USG system supplied should be upgradable to next generation system on site: Yes E. Power Requirements: 1. Power input, VAC: 220-240VAC, 50Hz fitted with Indian plug 2. Resettable over current breaker shall be fitted for protection: yes 3. Power backup: UPS 4. Minimum Back up time in minutes: 30 F. Additional requirements 1. Panoramic & Trapezoid imaging options should be available with linear probe. 2. Linear probe should have automated quantification for easier identification of breast & Thyroid lesions (preferably with BIRAD & TIRAD based lesion classification tools) 3. System should have extensive obstetric measurement package including software for automatic measurement of NT, 4. System should have automatic tool to derive 9 planes of fetal heart (as per AIUM recommendation) from one volume sweep. 5. System should have automatic tool for deriving 9 planes for Fetal central Nervous System. 6. Fat quantification tool for liver 7. Special measures for preventing entry of rats/mice inside the machine. Page 26 of 63 8. Additional software for PCPNDT F form filing on the website of concerned Government & USG patient registration & report management. With full support during the Warranty and CMC period. 9. Biopsy attachment for Endo-cavitatory probe & Convex probe 10. One ergonomic chair (Rotating, height adjustable with hand support) 11. Quoted USG Model should be US FDA/CE/BIS approved. 12. Provide technical datasheet of the quoted model along with brochure. 13. Warranty as per GEM conditions (Minimum 5 yrs warranty and 5 years CMC) 14. Service support including spare parts should be assured for 10 years from the date of installation. 15. The bidder shall be required to submit PCPNDT registration of concerned Government with the bid or shall submit the documentary Proof indicating submission of application for registration with PCPNDT authority 16. In case the bidder didn't submit the above-mentioned certificate along with the bid, the successful bidder shall produce the required PCPNDT registration within four weeks of award of contract purchase order, failing which the purchase order shall be liable for summary rejection/cancellation with forfeiture of EMD 17. All the PCPNDT-related formalities are to be handled by the successful bidder till the machine gets registered on the PCPNDT certificate of consignee hospitals. Page 27 of 63 (Annexure – B) BANK GUARANTEE FORM FOR EARNEST MONEY DEPOSIT To DIRECTOR GENERAL, ESIC HEADQUATERS OFFICE, CIG ROAD, NEW DELHI - 110002. WHEREAS _____________________________________________ (Name and address of the Bidder) (Hereinafter called “The Bidder”) has undertaken, in pursuance of ____________________________ Dated ________________ for Supply of ___________________. (Herein After Called “GeM Bid Contract”) AND WHEREAS it is one of the terms of “The GeM bid” that “The Bidder” has to submit a performance Bank Guarantee by a Commercial Bank for EMD. AND WHEREAS it has been stipulated by ESIC in the said GeM Bid that “The Bidder” shall furnish ESIC with a Bank Guarantee by a Commercial Bank for the sum specified therein as EMD for compliance with obligations in accordance with “The GeM Bid”; AND WHEREAS we have agreed to give “The Bidder” such a Bank Guarantee; NOW THEREFORE we hereby affirm that we are guarantors and responsible to ESIC, on behalf of “The Bidder”, up to a total sum of Rs. (Amount of Bank Guarantee in words and figures), and we undertake to pay ESIC, upon ESIC first written demand declaring “The Bidder” to be in default under control and without demur cavil or argument, any sum or sums within the limits of (Amount of Bank Guarantee) as aforesaid, without ESIC needing to prove or to show grounds or reasons for ESIC demand or the sum specified therein. A letter from ESIC office that “The Bidder” has committed default in the due and faithful performance of all or any of its obligations under and in accordance with “GeM Bid Contract” shall be conclusive, final and binding on us. We further agree that ESIC shall be the sole judge as to whether “The Bidder” is in default in due and faithful performance of its obligations under “GeM Bid Contract” and ESIC decision that “The Bidder” is in default shall be final and binding on us, notwithstanding any differences between ESIC and “The Bidder” or any disputes between ESIC and “The Bidder” pending before an arbitrator or any other court or tribunal or authority. In order to give effect to this Bank Guarantee ESIC shall be entitled to act as if we are the principal debtor and any change in our constitution or that of “The Bidder” shall not, in any way, or manner affect our liability or obligation under this Bank Guarantee. ESIC shall have liberty, without affecting in any manner our liability under this Bank Guarantee, to vary at any time, the terms and conditions of “GeM Bid contract” or to extend the time or period for compliance or to postpone for any time the exercise of any of ESIC rights or enforce or forebear from enforcing any of the terms and conditions of “GeM Bid contract” and we shall not be released from our liability or obligation under this Bank Guarantee by any exercise of such liberty by ESIC or other forbearance, indulgence, act or omission on ESIC part. Page 28 of 63 Any notice by way of request, demand or otherwise hereunder may be sent by post/ courier addressed to us at above referred branch, which shall be deemed to have been duly authorized to receive such notice and to effect payment thereof forthwith, and if sent by post/ courier it shall be deemed to have been given at the time when it ought to have been delivered in due course of post and in proving such notice, when given by post/ courier, it shall be sufficient to prove that the envelope containing the notice was posted/ dispatched and a certificate signed by any of ESIC officers that the envelope was so posted shall be conclusive. We hereby waive the necessity of ESIC demanding the said debt from “The Bidder” before presenting us with the demand. We further agree that no change or addition to or other modification of the terms of “GeM Bid Contract” to be performed there under or of any of “GeM bid Contract” documents which may be made between ESIC and “The Bidder” shall in any way release us from any liability under this Bank Guarantee and we hereby waive notice of any such change, addition or modification. We undertake not to revoke this Bank Guarantee in whole or in part whatsoever, during its currency. This Bank Guarantee shall be valid up to (day(s) /month(s)/ year(s)) from the date of opening of e-bid i.e. up to (indicate date). ………………………………………………………………………………………………………. (Signature with date of the Authorized Officer of the Bank) ………………………………………………………………………………… (Name & Designation of Officer) (Seal, Name & Address of the Bank and Address of the Branch along with e-mail address and Employee ID of the Issuing Officer) Page 29 of 63 Annexure – C Non-judicial stamp paper of ₹ 300/- or as per State Rules (whichever is higher) and should be duly signed by authorized signatory and notarized Name of the Participating Firm: ……………………………………………………………………… Bid Enquiry No: …… To, Dy. Medical Commissioner (P.C.), Room No. 207 & 321, III Floor, Hqrs. Office, ESI Corporation, Panchdeep Bhawan C.I.G. Road, New Delhi – 110 002 Dear Sir / Madam, We (Name of the Participating Firm: …………………………………) have: 1. I/We hereby submit my/our bid for the ………………………………………………………… 2. I/We have made requisite payment against EMD as per the bid document vide reference No. & date …………………………………………………………, else my bid may be rejected. 3. We have carefully perused the Terms and Conditions of the GeM Bid No. ____ and accept the same in its entirety and without any deviation. 4. We shall comply with, abide by, and accept without variation, deviation, or reservation all terms and conditions of the Bid Enquiry. 5. I/We hereby agree to all the terms and conditions, stipulated by the ESIC Hqrs Office, in this connection including delivery, warranty / CMC, penalty etc. 6. I/We hereby agree to enter into agreement with the designated Buyer for post- warranty CMC. 7. I/We hereby agree to deposit the Performance Security for the requisite amount against each Purchase / Supply Order. 8. If mentioned elsewhere in our bid, contrary terms and conditions shall not be recognized and shall be considered as null and void. 9. We affirm the information and declaration given in all annexures/affidavits, documents, bid inter-alia is correct and true. 10. I/We hereby agree to supply the equipment at the quoted rate on same terms & conditions to any / all ESIC & ESIS locations across the country. 11. I/We undertake to sign the contract/agreement, if required, within stipulated time from the date of issue of the letter of acceptance, failing which our/my EMD deposited may be forfeited and our/my name may be debarred/blacklisted from the list of suppliers at the ESIC. NOTE: ALL TERMS & CONDITIONS SUCH AS TAXES/LEVIES ETC, HAS BEEN INDICATED IN THE QUOTATIONS FAILING WHICH IT WILL BE PRESUMED THAT THE RATES ARE INCLUSIVE OF ALL TAXES/LEVIES AND OTHER TERMS AND CONDITIONS ARE ALSO AS PER YOUR REQUIREMENTS. Page 30 of 63 For and on behalf of the firm (Firms Name & Address) Date: (Signature of Authorized signatory) WITNESS by Notary Public Signed in my presence: Name: Designation: Stamp/Seal: (Signature of Notary Public) Name (Notary Public): - Complete Address: - Stamp & Date: - Note: Authorised Signatory is not the witness. Page 31 of 63 (Annexure – D) Integrity Pact (To be uploaded on GeM Portal in non-judicial stamp paper of Rs. 300/- or as per state rules, whichever is higher, & notarized) Name of the Firm: GeM Bid No: Integrity Pact between Employees State Insurance Corporation (ESIC) hereinafter referred to as “The Principal”, and (__________________________) hereinafter referred to as "The Bidder/ Contractor" Preamble The Principal intends to award, under laid-down organizational procedures, contract(s) for DG ESIC GeM Rate Contract No. ……... on GeM. The Principal values full compliance with all relevant laws of the land, rules, regulations, economic use of resources, and of fairness/ transparency in its relations with its Bidder(s) and/ or Contractor(s). In order to achieve these goals, the Principal shall appoint Independent External Monitors (IEMs) who shall monitor the bid process and the execution of the contract for compliance with the principles mentioned above. Section 1 - Commitments of THE PRINCIPAL (1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles: a) No employee of the Principal, personally or through family members, shall in connection with the bid for, or the execution of a contract, demand, take a promise for or accept, for self or third person, any material or immaterial benefit which the person is not legally entitled to. b) The Principal shall, during the bid process treat all Bidder(s) with equity and reason. The Principal shall in particular, before and during the bid process, provide to all Bidder(s) the same information and shall not provide to any Bidder(s) confidential/ additional information through which the Bidder(s) could obtain an advantage in relation to the bid process or the contract execution. c) The Principal shall exclude from the process all known prejudiced persons. Page 32 of 63 (2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the IPC/PC Act, or if there be a substantive suspicion in this regard, the Principal shall inform the Chief Vigilance Officer and in addition can initiate disciplinary actions. Section 2 - Commitments of the Bidder(s) / Contractor(s) (1) The Bidder(s)/Contractor(s) commit themselves to take all measures necessary to prevent corruption. The Bidder(s)/Contractor(s) commit themselves to observe the following principles during participation in the bid process and during the contract execution. a) The Bidder(s)/ Contractor(s) shall not, directly or through any other person or firm, offer, promise or give to any of Principal’s employees involved in the bid process or the execution of a contract or to any third person any material or other benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the bid process or during the execution of the contract. b) The Bidder(s)/ Contractor(s) shall not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelization in the bidding process. c) The Bidder(s)/ Contractor(s) shall not commit any offence under the relevant IPC/PC Act; further the Bidder(s)/ Contractor(s) shall not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically. d) The Bidder(s)/ Contractor(s) of foreign origin shall disclose the name and address of the Agents/representatives in India, if any. Similarly, the Bidder(s)/ Contractor(s) of Indian Nationality shall furnish the name and address of the foreign principals, if any. Further, all the payments made to the Indian agent/ representative have to be in Indian rupee only. e) The Bidder(s)/ Contractor(s) shall, when presenting their bid, disclose any and all payments made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract. f) Bidder(s)/ Contractor(s) who have signed the Integrity Pact shall not approach the Courts while representing the matter to IEMs and shall wait for their decision in the matter. Page 33 of 63 (2) The Bidder(s)/ Contractor(s)shall not instigate third persons to commit offences outlined above or be an accessory to such offences. Section 3- Disqualification from bid process and exclusion from future contracts If the Bidder(s)/ Contractor(s), before award or during execution has committed a transgression through a violation of Section 2 of the Integrity Pact, or in any other form such as to put their reliability or credibility in question, the Principal is entitled to disqualify the Bidder(s)/ Contractor(s) from the bid process or take action as per the terms & conditions of the related Bid Enquiry. Section 4 – Compensation for Damages. (1) If the Principal has disqualified the Bidder(s) from the bid process prior to the award according to Section 3 of the Integrity Pact, the Principal is entitled to demand and recover the damages equivalent to Earnest Money Deposit/ Bid Security as per the terms & conditions of the related Bid Enquiry. (2) If the Principal has terminated the contract according to Section 3 of the Integrity Pact, or if the Principal is entitled to terminate the contract according to Section 3, of the Integrity Pact, the Principal shall be entitled to demand and recover the damages from the Contractor liquidated damages of the Contract value or the amount equivalent to Performance e-Bank Guarantee as per the terms & conditions of the Bid Enquiry. Section 5- Previous Transgression (1) The Bidder declares that no previous transgressions occurred in the last three years with any other Company in any Country conforming to the anti-corruption approach or with ESI Corporation/any Government institution / Public Sector Enterprise/ Autonomous institution in India that could justify his exclusion from the bid process. (2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the bid process or action can be taken as per the terms & conditions of the related Bid Enquiry. Section 6 - Equal treatment to all Bidder(s) / Contractor(s)/ Subcontractor(s) (1) In case of Sub-contracting, the Principal Contractor shall take the responsibility of the adoption of Integrity Pact by the Sub-contractor. (2) The Principal shall enter into agreements with identical conditions as this one with all Bidders and Contractors. (3) The Principal shall disqualify from the bid process all bidders who do not sign this Pact or violate its provisions. Page 34 of 63 Section 7– Criminal charges against violating Bidder(s) / Contractor(s)/ Subcontractor(s) If the Principal obtains knowledge of conduct of a Bidder/ Contractor / Subcontractor, or of an employee or a representative or an associate of a Bidder/ Contractor / Subcontractor, which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal shall inform the same to Chief Vigilance Officer. Section 8 - Independent External Monitor (1) The Principal reserve the right to appoint competent and credible Independent External Monitor for this Pact after approval by Central Vigilance Commission or any other authority authorized as per prevalent Government of India instructions. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement. (2) The Monitor is not subject to instructions by the representatives of the parties and performs his/her functions neutrally and independently. The Monitor would have access to all Contract documents, whenever required. It shall be obligatory for him/ her to treat the information and documents of the Bidders/ Contractors as confidential. He/ she reports to the Director General, Employees State Insurance Corporation (ESIC). (3) The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction to all bid related documentation of the Principal including that provided by the Contractor. The Contractor shall also grant the Monitor, upon his/her request and demonstration of a valid interest, unrestricted and unconditional access to their bid related documentation. The same is applicable to Subcontractors. (4) The Monitor is under Contractual obligation to treat the information and documents of the Bidder(s)/ Contractor(s)/ Sub-contractor(s) with confidentiality. The Monitor has also signed declarations on “Non- Disclosure of Confidential Information” and of “Absence of Conflict of Interest”. In case of any conflict of interest arising at a later date, the IEM shall inform Director General, Employees State Insurance Corporation (ESIC) and recuse himself/ herself from that case. (5) The Principal shall provide to the Monitor sufficient information about all meetings among the parties related to the bid proceedings provided such meetings could have an impact on the contractual relations between the Principal and the Contractor. The parties offer to the Monitor to option to participate in such meetings. (6) As soon as the Monitor notices, or is of the prima facie opinion, a violation of this agreement, he/she shall so inform the Director General, Employees State Insurance Corporation (ESIC) and request Director General, Employees State Insurance Corporation (ESIC) to discontinue or take corrective action, or to take other relevant action. The Monitor can in this regard submit non-binding recommendations. Beyond Page 35 of 63 this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. (7) The Monitor shall submit a written report to the Director General, Employees State Insurance Corporation (ESIC) within 4 to 6 weeks from the date of reference or intimation to him by the Principal and, should the occasion arise, submit proposals for correcting problematic situations. (8) If the Monitor has reported to the Director General, Employees State Insurance Corporation (ESIC), a substantiated suspicion of an offence under relevant IPC/PC Act, and the Director General, Employees State Insurance Corporation (ESIC) has not, within the reasonable time taken visible action to proceed against such offence or reported it to the Chief Vigilance Officer, the Monitor may also transmit this information directly to the Central Vigilance Commissioner. (9) The word “Monitor‟ would include both singular and plural. Section 9 - Pact Duration This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the last payment under the contract, and for all other Bidder's six months after the contract has been awarded. Any Violation of the same would entail disqualification of the bidders and exclusion from future business dealings. In any claim is made/ lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged/ determined by Director General, Employees State Insurance Corporation (ESIC). Section 10 - Other Provisions (1) This agreement is subject to Indian Law. Place of performance and jurisdiction is where the Headquarters Office of the Principal is situated, i.e. New Delhi at present. However, the Principal also reserves the right to decide any other place where any other sub office of the Principal is situated. (2) Changes and supplements as well as termination notices need to be made in writing. Side agreements have not been made. (3) All the pages of the agreement are to be signed by the Bidder. If the Bidder/ Contractor is a partnership or a consortium, this agreement must be signed by all partners or consortium members. The bidder shall not change the contents/ format of the Integrity Pact as prescribed by the Principal in the Bid Enquiry. (4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case, the parties shall strive to come to an agreement to their original intentions. (5) Issues like Warranty/ Guarantee etc. shall be outside the purview of IEMs. Page 36 of 63 (6) The sanctions for violations of the Integrity Pact and the process to deal with the matter shall be governed as per procedure prescribed by ESIC. (For & On behalf of the Principal (ESIC) as First Party) (For & On behalf of Bidder/Contractor as Second Party) Office Seal Office Seal (The authorized signatory must sign on the above designated place in addition to attesting the document on each page) Place: ________________ Date: ________________ Witness 1: _______________________ (Name & Address): _______________________ _______________________ _______________________ Witness 2: _______________________ (Name & Address): _______________________ _______________________ _______________________ Page 37 of 63 ANNEXURE - E OEM AUTHORISATION CERTIFICATE (ON THE LETTER HEAD OF THE OEM) Date: …………………………………… To The Director General, ESIC Headquarters’ Office, C.I.G. Road, New Delhi - 110002 Subject: OEM Authorization Certificate for GEM Bid No. ……………………………………………………. Name of Equipment………………………………………………………………………………………………………. Dear Madam/Sir, We, the undersigned, being the Original Equipment Manufacturer (OEM) of the Equipment, having our manufacturing facility at …………………………………………………..[Insert Full Factory Address], hereby authorize: M/s. …………………………………………………………………………………………………………………….…….. Address………………………………………………………………………………………………………………………. Phone Number & email id: ………………………………………………………………………………………….. to submit a bid and execute the contract with your esteemed organization against the abovementioned GeM Bid. We confirm that no company, firm, or individual other than M/s. ……………………………………………………………………………… [Insert Name and Address] is authorized to participate in the bidding process or conclude the contract in respect of the said GeM Bid. We hereby extend our full support and guarantee for the supply, installation, commissioning, and service of the Equipment and affirm that warranty and Comprehensive Maintenance Contract (CMC) support will be provided by us (the OEM) or our authorized service partner post successful installation. This authorization is issued in accordance with the bid requirements and is valid for the entire duration of the tender and contract, including post-sales support and warranty / CMC obligations. Thanking you. For and on behalf of the OEM (OEM Name & Address) (Seal & Signature of Authorized Signatory) Name & Designation of Authorized Signatory (E-mail & Phone No.) Page 38 of 63 (Annexure – F) DETAILS OF THE EQUIPMENT QUOTED (TO BE UPLOADED IN THE BID) Name of the Participating Firm: ……………………………………………………………………… GeM Bid No……… DGESIC GeM RC No…………. Sl. No. Name of the Equipment Quoted Manufacturer details (Name, Address, Telephone No. etc.) Model Name and Number 1 Signature of Authorized Signatory: Name: Designation: Seal: Page 39 of 63 (Annexure – G) Affidavit for ANNEXURE “G” (₹ 300/- non-judicial stamp paper and notarized) Proforma to be filled in by the bidder. I/We M/s………………………. hereby declare the following information: J. GENERAL INFORMATION a) Name of the Participating firm: Corporate ID Number (CIN) of the firm GeM Supplier ID of the firm GSTIN Number of the firm Pan Number of the firm b) (Information must be correct): - ➢ Address for correspondence: ➢ Telephone No.: ➢ Working Fax No: (Must be provided) ➢ Mobile No.: ➢ E-mail address for all Correspondences including placing of Supply order: ➢ Helpline number and email ID for repair maintenance, AMC, CMC along with escalation matrix in the format attached. Note: Pls ensure generic or firm-based email ID’s instead of name based for ease of PO receipts. c) Whether the firm is Indian / Multi-national. d) Whether Small / Medium / Large scale company. e) Whether Firm registered as Micro & Small Enterprises under the Ministry of Micro Small and Medium Enterprises. f) Person responsible for conduct of business. g) Particulars of Licenses held under CDSCO/Drugs & Cosmetics Act & the details. (If the license is under renewal, certificate from the CDSCO/appropriate Licensing authority that the license is under renewal and deemed to be enforced should be enclosed.) h) Government institutions to whom equipment quoted supplied during last three years. Page 40 of 63 i) a) Has the firm ever been convicted in India? If yes, give details. b) Any case pending in Court with details. j) Has the firm ever been black listed/debarred by ESI Corporation / Autonomous / Govt institution in the last 03 years? If yes, give details with documentary evidence. k) Has the firm ever been debarred/black listed for equipment (s) quoted in the bid by ESI Corporation / Autonomous / Govt institution in the last 03 years? If yes, give details with documentary evidence. l) Satisfactory Performance Certificate -as per GeM terms and conditions. m) Whether the firm is under any current litigation cases with respect to: a) Equipment quoted/ not quoted b) Labor laws in India. Self-Certification as under: - (Tick whichever is applicable) 1. Restrictions on procurement from bidders from a country or countries, or a class of countries under Rule 144 (xi) of the General Financial Rules 2017: We certify as under: “We have read the clause regarding restrictions on procurement from a bidder of a country which shares a land border with India; We certify that: □ We are not from such a country OR, □ if from such a country, we have been registered with the Competent Authority and shall not sub-contract any work to a contractor from such countries unless such contractor is registered with the Competent Authority (copy enclosed). We hereby certify that we fulfill all requirements in this regard and are eligible to be considered. OR Certificate by Bidders in the cases for work involving possibility of sub-contracting: "We have read the clause regarding restrictions on procurement from a bidder of a country which shares a land border with India and on sub-contracting to contractors from such countries; We certify that: □ We are not from such a country OR, □ if from such a country, we have been registered with the Competent Authority and shall not sub-contract any work to a contractor from such countries unless such contractor is registered with the Competent Authority. We hereby certify that we fulfill all requirements in this regard and are eligible to be considered. OR Certificate by Bidders in the cases of specified ToT: Page 41 of 63 "We have read the clause regarding restrictions on procurement from a bidder having Transfer of Technology (ToT) arrangement. We certify that: - □ We do not have any ToT arrangement requiring registration with the competent authority, OR □ We have read the clause regarding restrictions on procurement from a bidder having Transfer of Technology (ToT) arrangement. We certify that we have valid registration to participate in this Bid Enquiry /procurement (copy enclosed). 2. MSE Status: Having read and understood the Public Procurement Policy for Micro and Small Enterprises (MSEs) Order, 2012 (as amended and revised till date), and solemnly declare the following: a) We are - Micro/ Small/ Medium Enterprise/ SSI/ Govt. Deptt. /PSU/ Others………… b) We attach herewith, Udhyam Registration Certificate with the Udhyam Registration Number …... as proof of our being MSE registered on the Udhyam Registration Portal. The certificate is the latest up to the deadline for submission of the bid. c) Whether Proprietor/ Partner belongs to SC/ ST or Women category. (Please specify names and percentage of shares held by SC/ ST Partners): ……………. 3. Make in India Status: Having read and understood the Public Procurement (Preference to Make in India PPP - MII) Order, 2017 (as amended and revised till date) and related notifications from the relevant Nodal Ministry/ Department, and solemnly declare the following: (a) Self-Certification for the category of suppliers: (Provide a certificate from statutory auditors/ cost accountant in case of Bids above Rs 10 Crore for Class-I or Class-II Local Suppliers). Details of local content and location(s) at which value addition is made are as follows: Local Content and %age Location(s) of value addition Therefore, we certify that we qualify for the following category of the supplier (tick the appropriate category): □ Class-I Local Supplier/ □ Class-II Local Supplier/ □ Non-Local Supplier. (b) We also declare that □ There is no country whose bidders have been notified as ineligible on a reciprocal basis under this order for an offered Goods, or Page 42 of 63 □ We do not belong to any Country whose bidders are notified as ineligible on a reciprocal basis under this order for the offered Goods. Note: • Please mention numerical quantification percentage of Local Content. • Pls refrain from abstract certification of the local content with phrases like- More/ less than a certain percentage. 4. Penalties for false or misleading declarations: We hereby confirm that the particulars given above are factually correct and nothing is concealed and undertake to advise any future changes to the above details. We understand that any wrong or misleading self-declaration would violate the Code of Integrity and attract penalties as mentioned in this Bid Document. II. TECHNICAL a) Equipment’s for material handling, manufacturing and quality control of equipment. b) Specialized testing facilities such for quality/functional/safety testing and biological testing; c) Has the firm carried out quality and safety studies of equipment quoted? d) Is the firm original manufacturer of the equipment quoted, if yes, details: e) Equipment quoted declared sub-standard/recalled during the last three years. Give details with reasons and the remedial action taken: III. FINANCIAL a) Annual Turn-over during the last three Financial Years (year wise) (Must be filled) i. 2022-23 : ___________ ii. 2023-24 : ___________ iii. 2024-25 :___________ b) Name & Address of the Bankers to the firm_____________________________ c) GST No: - __________________ We …………………… (Name of the firm) hereby undertake that we are complying with all statutory provisions of GST act and shall not hold ESIC responsible for non-compliance of GST act. IV. DECLARATION a) We M/s……………………...…. certify that there has been no reduction in the sale price of the goods of description identical to the goods supplied under this contract and such goods have not been offered/sold by me/ us to any person /organization including the purchaser or any department of Central Government or any as the case may be up to the date of bill/ the date of completion of supplies against all supply orders placed during the currency of the Rate contract at a price lower than the price Page 43 of 63 charged under the contract and in case of failure to do so we are liable to be debarred from future ESI Bid Enquiry for a further period of two years along with forfeiting the Performance Security Deposit or in its absence the Earnest Money Deposit. b) We M/s…………………….……. hereby declare that the firm shall comply with all the statutes & legislation regarding manufacturing, sale and supply of equipment in India and in particular the following Acts/Enactments viz: ➢ The Drugs and Cosmetics Act, 1940, ➢ CDSCO, BIS, GeM, MDR 2017, Manual of Procurement of Good 2024 and related amendments. c) We M/s……………………... hereby declare that: “The equipment supplied/to be supplied to the ESIC under this contract shall be of best quality and workmanship and shall be strictly in accordance with the specifications and particulars contained/mentioned in the description clauses hereof and the firm/bidder hereby guarantees that the said equipment would continue to conforms to their description/ specification and the provisions of law as stated in the contract and that notwithstanding the fact that the consignee may have inspected and/or approved the said equipment/s. If the same be discovered not to conform to the description and quality aforesaid or have deteriorated, the decision of the ESIC in that behalf shall be final and conclusive. ESIC shall be entitled to reject said equipment thereof as may be discovered not to conform to the said description and quality in the manner as prescribed. Such rejection of the equipment shall be at the seller's risk and all the provisions herein contained relating to rejection of equipment/s thereof, if it is rejected by the consignee. Nothing herein contained shall prejudice any other right of ESIC in that behalf under this contract or otherwise”. That the equipment, which are being quoted, are not banned by stipulated/governing Authority/MoHFW. It is declared that the firm / company/ corporation and any of its director / proprietors/ partners/ Authorized signatories are not convicted/ or a criminal case filed against or pending in any court of India by any department of Govt. under prevention of Corruption Act or for cheating/ defrauding Govt/ embezzlement of Govt fund or any criminal conspiracy in the said matter and undertake that firm is not submitting bid for any equipment/model which is not approved by Indian regulatory body for sale/use in India. I __________________________ proprietor/ partner/ director/ Authorized Signatory of M/s. ____________________________hereby declare that I have read the terms & conditions of the bid Document carefully and perused clause 2(X) and certify that the information given above and documentation attached in the Bid is Page 44 of 63 true and correct to the best of my knowledge and belief and nothing has been forged or fabricated and no facts have been concealed in compliance. I also agree that if we (firm) participate in more than one bid enquiry published at one time and quote false, forged, fabricated documents or submit different mandatory declarations between different bid/s than it shall be construed as violation of Integrity Pact and ESIC reserves the right to summarily reject respective bids of our firm across all bid/s along with forfeiture of all EMD’s and debarment for a period of two years from participation in all ESI Institutions prospectively including legal action as deemed fit. Signature of Authorized Signatory: Name: Designation: Seal: WARNING: Please read the bid document and the Bid submitted carefully before signing the declaration. Attested by Notary Public Page 45 of 63 (Annexure – H) ANNEXURE FOR TURN OVER (To be uploaded on GeM) Name of the Firm: ……………………………………………………………………………… GeM bid No: Turnover Criteria For Financial Years 2022-23, 2023-24 & 2024-25 in INR Total Annual Turnover of the firm for the year 2022-23 Total Annual Turnover of the firm for the year 2023-24 Total Annual Turnover of the firm for the year 2024-25 Average Total Turnover Mention page number of last three-year ITR document uploaded in the bid Signature of Authorized Signatory: Name: Designation: Seal: Signature of Chartered Accountant along with Address & Seal UDIN NO: Note: In case the bidder is not the OEM, the bidder has to upload OEM Average Annual Turnover as well as bidder’s Average Annual Turnover in Annexure-H along with supporting documents Page 46 of 63 (Annexure – I) AFFIDAVIT FOR NO DUES PENDING FOR GST AND INCOME TAX Non-judicial stamp paper of Rs 300/- or as per state rules, whichever is higher Name of Firm: GeM Bid No: DG ESIC GeM No: 1. That the firm/company is registered under the Goods and Services Tax Act bearing GSTIN ………… 2. That the firm/company has duly filed all applicable GST Returns for the Financial Year 2024–2025 and that no GST dues, tax liability, interest, or penalty is pending against the firm/company for the Financial Year 2024–2025. 3. That the firm/company having PAN No. ___________ has filed IT Return for the F.Y. 2024-25 and the acknowledgement of last IT return is attached. 4. That all Income Tax Returns (ITR) as applicable for the Financial Year 2024–2025 have been duly filed and no Income Tax dues are pending against the firm/company for the Financial Year 2024–2025. Signature of Authorized Signatory: Name: Designation: Seal: Page 47 of 63 (Annexure – J) PERFORMANCE CERTIFICATE This is to certify that the following equipment (Make & Model) has been supplied by ............................................................................................................................ (name of supplier with address) against our purchaser order No 1. 2. 3. 4. 5. Above mentioned equipment has been used in our institution and We certify that the supplied equipment has been used/utilized for a minimum of 1 year satisfactorily and meets it’s intended criteria. Place: Signature of end-user / authorised signatory of the end-user with stamp and seal Date: Name: ____________________________ Designation: _______________________ Address & e-mail: ____ *Satisfactory End user certificate to be uploaded (in pdf) in the bid. Page 48 of 63 (Annexure – K) Format of Local Content Certificate (To be submitted by all bidders) I Shri ______________________(Name of Statutory Auditor/Cost Auditor/ Practicing Cost Accountant/Practicing Chartered Accountant) on behalf of M/s________________________ (Name of the Firm) solemnly certify the local content for equipment manufactured by the firm M/s_____________________________________(Name of the Firm) during the period April 2024 to March 2025 duly examined and declares the local content for the quoted item(s) as under: Item Name Make Manufacturer Model Number Details of Location(s) at which value addition is made Percentage (%) of Local content Category: (Class-I / Class- II / Non-local Supplier) NOTE: ➢ (Certificate from the statutory auditor or cost auditor of the company (in the case of companies) or from a practicing cost accountant or practicing chartered accountant (in respect of suppliers other than companies) giving the percentage of local content as per DPIIT order No. P-45021/2/2017-PP (BE-II)-Part(4) Vol.II dated 19.07.2024. ➢ The calculations of local content used in manufacturing of quoted equipment are done in accordance with OM No. 31026/4/2018/Policy & P-45021/102/2019-BE-II- Part(1)(E-50310) dated 01.01.2019 & 04.03.2021 respectively and any amendment issued thereof. Signature of Sstatutory Auditor / Cost Auditor / Practicing Cost Accountant / Practicing Chartered Accountant (as applicable) Name: Registration No: UDIN No. Seal: Page 49 of 63 (Annexure – L) Affidavit Annexure-L Undertaking for Maintenance Support & Availability of Authorized Service Centers Non-judicial stamp paper of ₹ 300/- or as per State Rules (whichever is higher) and should be duly signed by authorized signatory and notarized 1. GeM Bid No: 2. Name of Bidder: 3. OEM Name: 4. Maintenance, repair & Service Support (Provided by OEM or through authorized Service provider): Specify 5. 24x7 helpline number: I/We, M/s ____________________________, hereby undertake that we shall provide comprehensive maintenance and repair services for the quoted equipment in above mentioned bid and shall provide services from OEM Authorized Service Centres across India at all ESIC Consignee locations as specified in the bid document. I/We confirm that we have service centres/service/repair provider to ensure 24x7 support to all ESIC institutions across the Country or will establish Maintenance/Service/Repair provider by OEM/authorized service provider within one month of award of contract through which adequate 24x7 support will be provided on site (all consignee locations) for quoted and supplied equipment throughout the contract period (Warranty as well as CMC). I/We hereby attach list of authorized service centers across India with contact details (Email as well as contact number) I/We further declare the availability of hierarchical Escalation Matrix for complaint registration/issue resolution of repair/maintenance/service support as mentioned below S. No. Escalation Level Authorized Service Provider/OEM Complaint registration email IDs Contact Number 1 Level 1 Area Service Manager/equivalent 2 Level 2 Regional Service Head / Technical Head/Equivalent 3 Level 3 National Service Head / General Manager Service/ Equivalent 4 Level 4 Director/CEO/Highest Authority I/We undertake and accept that applicable penalty to be levied as specified in case of non- attending of complaints, non-working of 24 x 7 helpline. Page 50 of 63 I/We further confirm that all contact details provided above shall remain valid during the contract period and any change in personnel shall be informed in writing to the Consignee location within 02 days. For and on behalf of the firm (Firms Name & Address) Date: (Signature of Authorized signatory) WITNESS by Notary Public Signed in my presence: Name: Designation: Stamp/Seal: (Signature of Notary Public) Name (Notary Public): - Complete Address: - Stamp & Date: - Note: Authorised Signatory is not the witness. Page 51 of 63 (Annexure – M) BANK GUARANTEE FORM FOR PERFORMANCE SECURITY (To be submitted at Consignee Locations) To Head of institute (Dean/MS) ESIC… WHEREAS____________________________________________ (Name and address of the Bidder) (Hereinafter called “The Bidder”) has undertaken, in pursuance of ________________________________________________ Dated __________________ for Supply of ____________________. (Herein After Called “The GeM bid Contract”). AND WHEREAS it is one of the terms of “The GeM bid Contract” that “The Bidder” has to submit a performance Bank Guarantee by a Commercial Bank for Performance Security. AND WHEREAS it has been stipulated by ESIC in the said bid that “The Bidder” shall furnish ESIC with a Bank Guarantee by a Commercial Bank for the sum specified therein as Performance Security for compliance with obligations in accordance with “The GeM bid Contract”; AND WHEREAS we have agreed to give “The Bidder” such a Bank Guarantee; NOW THEREFORE we hereby affirm that we are guarantors and responsible to ESIC, on behalf of “The Bidder”, up to a total sum of Rs. _____________________ (Amount of Bank Guarantee in words and figures), and we undertake to pay ESIC, upon ESIC first written demand declaring “The Bidder” to be in default under control and without demur cavil or argument, any sum or sums within the limits of (Amount of Bank Guarantee) as aforesaid, without ESIC needing to prove or to show grounds or reasons for ESIC demand or the sum specified therein. A letter from ESIC office that “The Bidder” has committed default in the due and faithful performance of all or any of its obligations under and in accordance with “The GeM bid Contract” shall be conclusive, final and binding on us. We further agree that ESIC shall be the sole judge as to whether “The Bidder” is in default in due and faithful performance of its obligations under “The GeM bid Contract” and ESIC decision that “The Bidder” is in default shall be final and binding on us, notwithstanding any differences between ESIC and “The Bidder” or any disputes between ESIC and “The Bidder” pending before an arbitrator or any other court or tribunal or authority. In order to give effect to this Bank Guarantee ESIC shall be entitled to act as if we are the principal debtor and any change in our constitution or that of “The Bidder” shall not, in any way, or manner affect our liability or obligation under this Bank Guarantee. ESIC shall have liberty, without affecting in any manner our liability under this Bank Guarantee, to vary at any time, the terms and conditions of “The GeM bid Contract” or to extend the time or period for compliance or to postpone for any time the exercise of any of ESIC rights or enforce or forebear from enforcing any of the terms and conditions of “The GeM bid Contract” and we Page 52 of 63 shall not be released from our liability or obligation under this Bank Guarantee by any exercise of such liberty by ESIC or other forbearance, indulgence, act or omission on ESIC part. Any notice by way of request, demand or otherwise hereunder may be sent by post/ courier addressed to us at above referred branch, which shall be deemed to have been duly authorized to receive such notice and to effect payment thereof forthwith, and if sent by post/ courier it shall be deemed to have been given at the time when it ought to have been delivered in due course of post and in proving such notice, when given by post/ courier, it shall be sufficient to prove that the envelope containing the notice was posted/ dispatched and a certificate signed by any of ESIC officers that the envelope was so posted shall be conclusive. We hereby waive the necessity of ESIC demanding the said debt from “The Bidder” before presenting us with the demand. We further agree that no change or addition to or other modification of the terms of “The GeM bid Contract” to be performed there under or of any of “The GeM bid Contract” documents which may be made between ESIC and “The Bidder” shall in any way release us from any liability under this Bank Guarantee and we hereby waive notice of any such change, addition or modification. *Performance Security shall be valid till 3 months post fulfilment of all contractual obligations (including warranty & CMC period) We undertake not to revoke this Bank Guarantee in whole or in part whatsoever, during its currency. This Bank Guarantee shall be valid up to ______ (day(s) /month(s)/ year(s)) from the date of Award of Contract i.e. up to ___________ (indicate date). ………………………………………………………………………………………………………. (Signature with date of the Authorized Officer of the Bank) ………………………………………………………………………………… (Name & Designation of Officer) (Seal, Employee ID, Name & Address of the Bank and Address of the Branch along with e- mail address of the Issuing Officer) Page 53 of 63 ANNEXURE – N Undertaking Regarding Warranty & CMC (ON THE LETTER HEAD OF THE OEM) In reference to GeM Bid No. __________________________________________________, Date: ____________ We, M/s __________________________ (Name of OEM) having registered office at _________________________________________________, hereby undertake and confirm the following: 1. In case of default by the original successful bidder in GeM Bid No. ____________________, we undertake full responsibility to continue warranty / CMC. 2. That we shall provide 05 (five) years Comprehensive Warranty for the supplied equipment from the date of successful installation and commissioning, at no additional cost to the Buyer. 3. That after the expiry of the warranty period, we further undertake to provide 05 (five) years Comprehensive Maintenance Contract (CMC) services for the equipment, as per the terms and conditions of the Bid document. 4. That during the warranty and CMC period, we shall ensure availability of spare parts, consumables (if applicable), and timely service support to maintain smooth functioning of the equipment. 5. That we accept full responsibility for the obligations under the warranty and CMC period, failing which necessary action may be taken against us as per the bid Terms & Conditions. We hereby declare that the above undertaking is true and correct to the best of our knowledge and belief. Signature of Authorized person Date: Place: Name & Designation OEM seal Page 54 of 63 Annexure - O NEAR-RELATIONSHIP CERTIFICATE (Format of the Certificate to be given by the bidder in respect of status of employment of his/her near relation in ESIC) * I…………s/o……………r/o………… hereby certify that none of my relative(s) as defined in the bid/tender document is/are employed in any ESIC Unit as defined in the clause in the bid/Tender Enquiry, on Near relationship. OR * Following are the details of near relatives working with the ESIC: S. No. Name of the Relative Designation Name of the Unit (Office/Hospital/Medical College/Dental College & section/branch etc.) where working * Strike off whichever is not applicable. In case at any stage, it is found that the information given by me is false/ incorrect, ESIC shall have the absolute right to take any action as deemed fit/without any prior intimation to me. Signature of the Proprietor/ Partners/ Directors of the tenderer entity With date and seal Page 55 of 63 (Annexure – P) Name of the Firm: GeM Bid No: Mandate form Beneficiary’s customer’s option to receive payment through e-payment 1. Beneficiary name 2. Beneficiary address 3. Beneficiary account no. 4. Account type (S.B. Account/current account for cash credit) with code 10/11/13 5. 9-digit code number of the Bank & branch appearing on the MICR cheque issued by 6. Bank name 7. Bank name, Address, Telephone no. 8. IFSC (Indian financial service code) 9. Photocopy of cancelled cheque to confirm correctness of IFSC code and account no. Given in C & H I, hereby, declare that the particulars given above are correct and complete. If the transaction is delayed or not effected at all for reason of incomplete or incorrect information given by me as above, I would not hold the user institution responsible. Dated __________________________ (_______________________________) Signature of the beneficiary/customer Certified that the particulates furnished above are correct as per our records. Bank’s stamp Date _____________________________ (________________________________) Signature of the authorized/ official Page 56 of 63 (Annexure – Q) EXPERIENCE CERTIFICATE (Performa of Experience Certificate to be submitted by the bidder) S. No. Contract No / Supply order No (Executed) Institution / Consignee details Equipment Name and Make Model Number Quantity supplied Year Whether working satisfactory (Yes/NO) Documentary Evidence Attached (Yes/No) Signature of authorised signatory with stamp and seal Date: Name: ____________________________ Designation: _______________________ Address & e-mail: ____ *Experience certificate to be uploaded (in pdf) in the bid and also mentioned page number. Page 57 of 63 Forwarding cum Checklist of documents submitted by the firm in Bid S. No. Checklist of scanned documents uploaded on GeM Documents Attached (Yes/No) Page No. in the Bid (Bidder to serially number all the pages of annexures) I Earnest Money Deposit as calculated in the form of Account Payee Demand Draft / Banker’s Cheque / FDR / Bank Guarantee acknowledgement from Scheduled Commercial Bank only (RBI approved). If it is Demand Draft / Banker’s Cheque, then in favor of ESIC FUND ACCOUNT NO.1, payable at NEW DELHI. If it is FDR/Bank Guarantee, then in favour of “The Director General, ESIC Hqrs Office”. Cheque(s) shall not be accepted in any case. The format for Bank Guarantee for EMD is given in Annexure -B. Note: MSE firms are exempted from submitting EMD subject to submission of valid MSE Certificate from appropriate authority and should be registered on GeM portal II Submit an authorization letter in favour of the person who will sign the bid, along with their specimen signature. • If the firm is a sole proprietorship, please provide proof of proprietorship or authorization from the proprietor. • If the firm is a partnership firm, please provide a notarized partnership agreement or an affidavit from all partners, along with authority (e.g., power of attorney) to act on behalf of the firm. • If the firm is a Company, please provide a Board Resolution authorizing the signatory III Duly filled Annexure-C (Certificate of acceptance of Terms and Conditions) IV Duly filled Annexure-D (Integrity Pact) Page 58 of 63 V (a) For OEM: Valid Manufacturing License and Marketing License for the quoted equipment, issued by the Licensing Authority concerned (b) In case the bidder is not an OEM: Manufacturing License of the OEM, Import License (in case of imported product) and Marketing License of the bidder for the quoted equipment VI (a) For OEM: a self-declaration on the OEM’s letterhead confirming the same; or (b) In case the bidder is not the OEM: OEM Authorization certificate issued by the OEM in the name of the bidder in Annexure – E VII Duly filled Annexure-F (Details of item quoted) VIII Duly filled Annexure-G (Information, certificates and undertakings) IX For OEM: Audited financial statement for the Financial Years 2022-23, 2023-24 and 2024-25 (Balance Sheet and Profit & Loss Account Statement etc.) in respect of annual turnover. A certificate from the Chartered Accountant with reference to Average Annual Turn Over as per Annexure – H In case the bidder is not the OEM: (A) OEM Average Annual Turnover as well as bidder’s Average Annual Turnover in Annexure-H along with supporting documents (B) Audited financial statement of the bidder for the Financial Years 2022-23, 2023-24 and 2024-25 (Balance Sheet and Profit & Loss Account Statement etc.) in respect of annual turnover X GST return for the last financial year attested by CA Copy of PAN Card and IT return for last three financial years 2022-23, 2023-24 and 2024-25 Duly filled Annexure-I (Affidavit for no dues pending for GST and Income Tax till financial year 2024- 2025) XI Duly filled Annexure-J (Performance Certificate) XII Duly filled Annexure-K (Local Content Certificate) Page 59 of 63 XIII Duly filled Annexure-L (Affidavit regarding undertaking for Maintenance, Support & Availability of Authorized Service Centers) XIV Duly filled Annexure-N issued by OEM (Undertaking Regarding Warranty & CMC) XV Duly filled Annexure-O (Near Relationship Certificate) XVI Duly filled Annexure-P (Bank Mandate Form) along with copy of cancelled Cheque XVII Duly filled Annexure-Q (Experience Certificate) XVIII Company/Authorized Signatory to submit Employer Code No. & copy of challans/RCs for last three contribution periods towards ESI in case firm is covered under ESI Act. OR Company / Authorized Signatory has to submit either an affidavit or a certificate from the Regional Director, ESIC of the Concerned Regional Office that “the firm is outside the implemented area / notified area or the factory is not coverable under ESI Act, in case the firm is within the notified area XIX User Manual/data sheet for quoted equipment to be uploaded on GeM Portal highlighting complete technical specifications align with the Annexure – A In case of any deviation, the same must be highlighted XX The list of reagents, controls, consumables, calibrators, etc. which are to be utilized/consumed in the equipment and quote rates thereof XXI Any other document (s) required as per Terms & Conditions of bid Note: It is the sole responsibility of the bidder to submit the documents as listed above and as per Terms & Conditions of bid. All documents as listed above should be clear & legible, duly attested / notarized, properly indexed & serially page numbered. The complete document should be uploaded on GeM by the authorized signatory. Copies to be uploaded and submitted online should be in proper resolution. The above said instructions should be followed strictly, failing which the bid shall be summarily rejected. Page 60 of 63 The bidder who submits false, forged, fabricated documents or conceals facts with intent to win over the bid shall be construed to be in violation of Code of Integrity as per the bid terms & conditions. The bids of such participating firms shall be summarily rejected. EMD of such bidder shall be forfeited and the firm shall be liable for debarring for a period of two years for participation in bid of all ESI institutions prospectively in addition to legal action as deemed fit. All documents should be uploaded strictly as per checklist of the bid with their specific names. All Affidavits to bear GeM Bid Number. The signature of authorized signatory should be on designated places on documents. In case of attestation, the authorized signatory shall sign additionally on the document along with the designated place. Any other document(s), If required as per GeM bid should also be uploaded. _______________________________ Page 61 of 63 1. GST Number of ESIC 07DELE00045DIDA 2. PAN NUMBER OF ESIC AAAJE0888Q 3. Bank Details required for formation of Bank Guarantee for EMD ESIC Account number 1: - Account number: 11084244187 IFSC Code: - SBIN0000691 Page 62 of 63 List of ESIC Hospitals / Medical Colleges S. No. States/UT's Name Name/Location of ESI Hospitals/Medical Colleges & Hospital 1 Andhra Pradesh ESIC Hospital, Kakinada 2 Assam ESIC Hospital Tinsukia 3 Assam ESIC Medical College and Hospital, Beltola 4 Bihar ESIC Model Hospital Phulwarisharif, Patna 5 Bihar ESIC Medical College & Hospital Bihta, Patna 6 Chandigarh ESIC Model Hospital, Chandigarh 7 Chhattisgarh ESICH Raigarh 8 Chhattisgarh ESIC Hospital Korba 9 Chhattisgarh ESIC Hospital Raipur Chhattisgarh 10 Chhattisgarh ESIC Hospital Bhilai 11 Delhi ESIC Hospital Okhla 12 Delhi ESI Medical College & Hospital, Basaidarapur 13 Delhi IG ESIC Hospital, Jhilmil, Delhi 14 Delhi ESIC Hospital Rohini 15 Gujarat ESIC Hospital Vapi 16 Gujarat ESIC Model Hospital, Bapunagar, Ahmedabad 17 Gujarat ESIC GH Naroda 18 Gujarat ESIC hospital Surat 19 Haryana ESIC Model Hospital, Gurugram 20 Haryana ESIC Hospital, Manesar 21 Haryana ESIC Medical College and Hospital Faridabad 22 Himachal Pradesh ESIC MH Baddi 23 Himachal Pradesh ESIC Hosptal Kalaamb 24 Jammu & Kashmir ESIC Model Hospital, Bari Brahmana, Jammu 25 Jammu & Kashmir ESIC Hospital Ompora 26 Jharkhand ESIC Hospital, Adityapur 27 Jharkhand ESIC Hospital Maithan Dhanbad 28 Jharkhand ESIC Medical College and Hospital, Namkum, Ranchi 29 Karnataka ESIC Hospital Peenya, Bengaluru 30 Karnataka ESIC Dental College Kalaburagi 31 Karnataka ESIC MC PGIMSR & MH, Rajajinagar, Bengaluru 32 Karnataka ESIC Hospital Doddaballapur 33 Kerala ESIC Model and Super Speciality Hospital, Asramam, Kollam 34 Kerala ESIC Hospital Udyogmandal 35 Kerala ESIC Hospital Ezhukone 36 Madhya Pradesh ESIC Medical college & Hospital Indore 37 Madhya Pradesh ESIC Hospital Sonagiri Bhopal Page 63 of 63 38 Maharashtra ESIC Hospital and Medical College, Andheri 39 Maharashtra ESIC Hospital, Kolhapur 40 Maharashtra ESIC Hospital, Bibvewadi Pune. 41 Odisha ESIC Hospital, Angul 42 Odisha ESIC Model Hospital, Rourkela 43 Puducherry ESIC Gorimedu Hospital 44 Punjab ESIC Medical College & Hospital, Ludhiana 45 Rajasthan ESIC hospital, Kota 46 Rajasthan ESIC Hospital, Bikaner, Rajasthan 47 Rajasthan ESIC Medical College and Hospital Jaipur 48 Rajasthan ESIC Medical College and Hospital, Alwar 49 Rajasthan ESICH Bhiwadi Rajasthan 50 Rajasthan ESIC Hospital Udaipur 51 Tamil Nadu ESIC Medical College & Hospital, K K Nagar, Chennai - 78 52 Tamil Nadu ESIC Hospital, Tirunelveli 53 Tamil Nadu ESIC HOSPITAL, TIRUPPUR 54 Tamil Nadu ESIC Hospital, Sriperumbudur 55 Telangana ESIC Super Speciality Hospital, Sanathnagar, Hyderabad 56 Telangana ESIC Medical College and Hospital, Sanathnagar, Hyderabad 57 Uttar Pradesh ESIC Hospital, Jajmau, Kanpur, UP 58 Uttar Pradesh ESIC Hospital Bareilly 59 Uttar Pradesh ESIC Hospital Sarojini Nagar Lucknow 60 Uttar Pradesh ESIC Medical College and Hospital Varanasi U. P. 61 Uttar Pradesh ESIC Hospital Sahibabad 62 Uttar Pradesh ESIC Medical College and Hospital Noida 63 Uttarakhand ESICH Rudrapur 64 West Bengal ESIC Hospital, Joka, Kolkata